In general, according to the Civil Code of Ukraine, the objects of intellectual property rights include:

• literary and artistic works;
• computer programs;
• data compilations (databases);
• performances;
• phonograms, videograms, programs of broadcasting organizations;
• scientific discoveries;
• inventions, utility models, industrial designs;
• layout of semiconductor products;
• rationalization proposals;
• plant varieties, animal breeds;
• commercial (brand) names, trademarks, geographical indications;
• trade secrets.

(a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how):

In Ukraine patents can be granted to:

• Inventions;
• Utility models.

Invention is the result of intellectual, creative activity in any field of technology.

Legal protection is granted to an invention that does not contradict public order, generally recognized principles of morality and meets the conditions of patentability.

The object of an invention can be a product (device, substance, strain of a microorganism, culture of plant and animal cells, etc.), and a process (method).

The validity of an Invention Patent is 20 years.

Supplementary Protection Certificate (SPC) can be granted to a patent for an invention if the object of such invention is an active pharmaceutical ingredient of a medicinal product, a process for obtaining a medicinal product or the use of a medicinal product, an animal protection product, a plant protection product which and obtaining of a special market authorization is required.

The term of SPC is equal to the period between the date of filing the patent application with the IP Office and the date the patent holder receives the first market authorization from the competent authority, reduced by five years.

The validity term of the SPC cannot exceed 5 years.

The SPC term can be additionally extended for six months for inventions, if the object is an active pharmaceutical ingredient of a medicinal product, for which studies have been conducted in the field of use for children (and the results are reflected in the information on the medicinal product for which the market authorization has been issued by the relevant competent authority).

Utility model is the result of intellectual, creative activity in any field of technology.

Legal protection is granted to a utility model that does not contradict public order, generally recognized principles of morality, and meets the conditions of patentability.

The object of a utility model can be a device or a process (method).

The validity term of a Utility Model Patent is 10 years.

(b) Brands (e.g. trademarks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

In Ukraine, the following types of protection are provided:

• Trademarks (including collective trademarks) protect any sign or combination of signs by which the goods and services of one person are distinguished from the goods and services of another person. The following types of trademarks are accepted: word, figurative, three-dimensional, combined, sound, positional, ornamental, motion, holographic, multimedia, color as such or a combination of colors without outlines;
• Well-known trademarks;
• Trade names.
• Geographical Indications, including:
• Geographical indication – the appellation of origin that identifies a product originating from a particular geographical place and having special quality, reputation or other characteristics stemming mainly from this geographical place of origin, provided that at least one of the stages of production (manufacture (extraction) and/or processing and/or preparation) takes place in a certain geographical area;
• Appellation of origin – a type of geographical indication meaning a name that identifies the product originating from a particular geographical place and having special qualities or properties, solely or mainly stemming from a certain geographical environment with characteristic natural and human factors, provided that all stages of its production (manufacture (extraction) and/or processing and/or preparation) take place in a certain geographical area;
• Traditional guaranteed specialty – a name that identifies an agricultural product (agricultural commodity) or a food product that simultaneously meets the following criteria: has special characteristics that allow it to be clearly distinguished from other products of the same type as a result of the use of traditional ingredients, traditional composition of ingredients and/or traditional production/processing technology; is used in production and/or meets certain product specifications.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).

• Copyrights protect are works in the field of literature, art, science, in particular:
  • literary works of a fictional, journalistic, scientific, technical or other nature (books, brochures, articles, etc.) in written, electronic (digital) or other form;
  • speeches, lectures, speeches, sermons and other oral works;
  • musical works with and without text;
  • dramatic, musical-dramatic works, pantomimes, musical and light shows, circus performances, choreographic and other works created for stage performance, and their productions;
  • theatrical productions, stage adaptations of the works specified in paragraph 1 of this part, and adaptations of intangible cultural heritage suitable for stage performance;
  • audiovisual works;
  • translated texts for dubbing (including dubbing), subtitling of audiovisual works in other languages;
  • works of fine art;
  • photographic works;
  • works of applied art, including works of decorative weaving, ceramics, carving, foundry, art glass, art forging, jewelry, etc.;
  • works of architecture, urban planning, garden and park art and landscape formations;
  • works of artistic design;
  • derivative works;
  • collections of works, collections of treatments of intangible cultural heritage, encyclopaedias and anthologies, collections of ordinary data, other composite works, provided that they are the result of creative activity in the selection or arrangement of content;
  • illustrations, maps, plans, drawings, sketches, plastic works relating to geography, geology, topography, engineering, construction and other fields of activity;
  • computer programs;
  • databases (data compilations), if they are the result of intellectual activity by the selection or arrangement of their components;
  • other works.
• Neighbouring rights protect the rights of performes, performers of phonograms and videograms, broadcasters and cover performances, phonograms, videograms, broadcasting organization programs.
• Industrial design is the result of a person’s intellectual, creative activity in the field of artistic design.
• An industrial design may be the appearance of a product or part thereof, which is determined, in particular, by the lines, contours, color, shape, texture and/or material of the product, and/or its decoration.
• Plant variety protects a separate group of plants (clone, line, first-generation hybrid, population) within the framework of the lowest known botanical taxon (genus, species, variety) distinguished from any other group of plants by the degree of manifestation of at least one of the specified characteristics and considered as a single whole in terms of its suitability for reproduction in an unchanged form.

In Ukraine the intellectual property rights relating to plant varieties are divided into the following types:

• personal non-property intellectual property rights to the plant variety, certified by state registration;
• Intellectual property rights to a plant variety certified by a patent;
• Intellectual property rights to distribution (dissemination) of a plant variety, certified by state registration.

• Semiconductor product layouts protection extends to a set of related images, fixed or encoded in a certain way, which constitute a three-dimensional configuration of the layers that make up a semiconductor product and in which each image contains a configuration or part of the configuration of a semiconductor product at any stage of its manufacture.
• Trade secrets and confidential information are protected in Ukraine in accordance with the Civil Code.
• Trade secret is determined as information that is secret in the sense that it is unknown in its entirety or in a certain form and set of its components, is not easily available to people who typically deal with this kind of information and has a commercial value. A trade secret should be subject to adequate measures to keep it secret taken by the person who lawfully controls such information. A trade secret may be information of a technical, organizational, commercial, production or other nature.
• Know-how is determined by the Law of Ukraine “On Investment Activities” as set of technical, technological, commercial, and other knowledge, designed as technical documentation, skills, and production experience necessary for the organization of a particular type of production, but not patented.

• Invention Patent – 20 years from the filing date;
• SPC – maximum 5 years (and additional 6 months for inventions if the object is an active pharmaceutical ingredient of a medicinal product, for which studies have been conducted in the field of use for children);
• Utility Model Patent – 10 years from the filing date;
• Trademark – 10 years from the filing date with a possibility of renewal each 10 years;
• Industrial Design – 5 years from the filing date with a possibility of renewal each 5 years, maximum validity term – 25 years;
• Copyrights – during the author’s life and 70 years after;
• Neighboring rights – 50 years from the date of first performance;
• Geographical indications – validity term not limited;
• Semiconductor product layouts – validity term not limited;
• Trade secret – the validity of the intellectual property right to a trade secret is limited to the term of existence of the set of features of the trade secret;
• Trade name – the validity of the intellectual property right to a trade name is limited to the term of existence of the legal entity;
• Plant varieties validity term expires on the last day of:
  • the thirtieth calendar year (from January 1 of the year following the year of state registration) for varieties of trees, shrubs and grapes;
  • the twenty-fifth calendar year (from January 1 of the year following the year of state registration) for all other varieties.
• Plant variety distribution (dissemination) registration: validity term not limited.

As a rule, the right to obtain intellectual property protection belongs to author, creator, inventor, designer etc.

In case the objects were created in the course of employment or under a commission, the employer or the commissioner should be entitled to registering respective IP rights, unless any other specific provisions were stipulated by the corresponding contract.

For trademarks, any person has the right to apply for registration.

For GIs right to registration belongs to the association of producers who produce the relevant goods and/or extract and/or process raw materials with special characteristics determined by the specified geographical location.

For plant varieties the right to file an application for a variety belongs to any person who can be considered the breeder of this variety or the employer.

For all registrable rights the lawful owner is the person properly reflected in the respective IP register. Any transfer of rights becomes valid after registration thereof and recording the new owner in the respective IP register.

The authors’ personal moral rights cannot be assigned (alienated) to other persons.

The following are registered rights:

• invention and utility model patents,
• SPCs,
• trademarks,
• designs,
• copyrights and related agreements,
• GIs,
• plants varieties,
• semiconductor product layouts,
• corporate names,
• domain names

In general, the registration procedure includes the following steps:

1. Filing the Application with the relevant state agency:

• Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) for patents, trademarks, designs, GIs, semiconductor product layouts, copyrights;
• the Ukrainian Institute for Plant Variety Examination for plant varieties.

2. Examination.

The examination stages depend on the type of object:

• Invention – formal and substantive examination;
• Utility Models – formal examination;
• Trademarks – formal and substantive examination;
• Designs – formal examination;
• GIs – formal and substantive examination;
• Semiconductor product layouts – formal examination;
• Plant varieties – formal and substantive examination.

3. Registration.

Ukraine is the member to Madrid Agreement and Protocol, Patent Cooperation Treaty, and Hague Agreement, therefore applicants can apply for protection of their inventions, trademarks and designs using the relevant procedures. 

• Inventions – about 24 months;
• Utility Models – about 6 months;
• Trademarks – about 20 months;
• Designs – about 6 months;
• GIs – about 24 months;
• Plant varieties – from 24 months depending on the breed.

Third parties have a right to oppose registration of intellectual property objects.

Patents:

Pre-grant opposition – any person has the right to file a motivated opposition against registration on an invention within 6 months from the publication date.

Post-grant opposition – any person has the right to challenge the validity of a granted patent after it has been officially registered by filing an opposition for the recognition of rights to an invention (utility model) as invalid in whole or in part on the grounds of non-compliance of the invention (utility model) with the conditions of patentability to the Appeals Chamber.

The term of filing an opposition to the Appeals Chamber is:

• For inventions – 9 months after registration;
• For utility models – during the entire term of validity of rights and after their termination.

Trademarks:

Any person has the right to file a motivated opposition on the basis of non-compliance with the conditions for granting legal protection within three months from the date of publication of a trademark application.

Post-grant opposition is not stipulated.

Designs:

Any person has the right to challenge the validity of a granted design on the grounds that the registered design does not comply with the conditions for granting legal protection by filing an opposition to the Appeals Chamber.

Such opposition can be filed during the entire term of validity of rights and after their termination.

GIs:

Any interested party has the right to submit a complaint regarding the non-compliance of the applied geographical indication with the conditions for granting legal protection.

Such complaint can be filed within within three months from the date of publication of information on the application and the product specifications.

Plant varieties:

Any person has the right to file a motivated opposition on the basis of its non-compliance with the conditions for granting legal protection within six months from the date of publication of information on the application for a variety in the official publication.

In case of a refusal, the applicant has the right to file a motivated response and provide arguments in favor of registration or maintaining respective rights.

In case the applicant is not satisfied with the final decision of the Office, it can be further objected in the Appeals Chamber our court.

Official Fees related to the protection of intellectual property rights in Ukraine are paid in Ukrainian Hryvnias (UAH) according to the Procedure for fees payment related to the Protection of Intellectual Property Rights, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1716.

Link to the Resolution and full list of official fees: https://zakon.rada.gov.ua/laws/show/1716-2004-%D0%BF#Text

Official Fees related to plant varieties are paid in Ukrainian Hryvnias (UAH) according to the Procedure for fees payment related to the protection of Plant Varieties Rights, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1183.

Link to the Resolution and full list of official fees:

https://zakon.rada.gov.ua/laws/show/813-2023-%D0%BF#Text

Basic filing, renewal and annuity official fees is listed below.

Trademarks:

Filing fee: 4000 UAH per each class; additional for colour claim – 1000 UAH.

25% discount applies to e-filing.

Renewal fees: 12000 UAH for the first class and 1200 UAH for each additional. Late renewal results in 50% penalty to the above fees.

Patents:

Inventions:

Filing fee: 1600 UAH up to three claims, 160 UAH for each claim after third, 800 UAH for each 50 pages of application after the first 150 pages.

20% discount applies to e-filing.

Annuity fees

• 1^st year: 450 UAH
• 2^nd year: 450 UAH;
• 3^rd year: 800 UAH;
• 4^th year: 1000 UAH;
• 5^th year: 1200 UAH;
• 6^th year: 1400 UAH;
• 7^th year: 1600 UAH;
• 8^th year: 1800 UAH;
• 9^th year: 4200 UAH;
• 10^th year: 4200 UAH;
• 11^th year: 4200  UAH;
• 12^th year: 4200  UAH;
• 13^th year: 4200  UAH;
• 14^th year: 4200 UAH;
• 15^th year: 7600 UAH;
• 16^th year: 7600 UAH;
• 17^th year: 7600 UAH;
• 18^th year: 7600 UAH;
• 19^th year: 7600 UAH;
• 20^th year: 7600 UAH.

Late payment results in 50% penalty to the above fees.

SPC filing fee – 12000 UAH;

SPC annuity fees:

• 1^st year: 30000 UAH
• 2^nd year: 32000 UAH;
• 3^rd year: 34000 UAH;
• 4^th year: 36000 UAH;
• 5^th year: 38000 UAH.

In case the inventor and the owner are the same person theт official fees for patents are paid in an amount of 10% of the total sum.

The Official Fees for non-profit entities should be calculated as 12% of the total sum.

Utility models:

Filing fee: 2400 UAH up to three claims, 240 UAH for each claim after third, 1200 UAH for each 50 pages of application after the first 150 pages.

20% discount applies to e-filing.

Annuity fees

• 1^st year: 900 UAH
• 2^nd year: 900 UAH;
• 3^rd year: 1200 UAH;
• 4^th year: 1500 UAH;
• 5^th year: 1800 UAH;
• 6^th year: 2100 UAH;
• 7^th year: 2400 UAH;
• 8^th year: 2700 UAH;
• 9^th year: 6300 UAH;
• 10^th year: 6300 UAH.

Late payment results in 50% penalty to the above fees.

In case the inventor and the owner are the same person, then official fees for utility models or design certificates are paid in an amount of 20% of the total sum.

The official fees for non-profit entities should be calculated as 30% of the total sum.

Designs:

Filing fee: 1600 UAH for one design, 500 UAH for each additional design in the same application (maximum 100 designs).

20% discount applies to e-filing.

Renewal fee (every 5 years, grace period payment not available): 800 UAH.

Annuity fees

• 1^st year: 300 UAH
• 2^nd year: 300 UAH;
• 3^rd year: 600 UAH;
• 4^th year: 800 UAH;
• 5^th year: 900 UAH;
• 6^th year: 1200 UAH;
• 7^th year: 1500 UAH;
• 8^th year: 1800 UAH;
• 9^th year: 2000 UAH;
• 10^th year: 2400 UAH;
• 11^th year: 2400  UAH;
• 12^th year: 2400  UAH;
• 13^th year: 4000  UAH;
• 14^th year: 4000  UAH;
• 15^th year: 4000 UAH;
• 16^th year: 4200 UAH;
• 17^th year: 4200 UAH;
• 18^th year: 4200 UAH;
• 19^th year: 4200 UAH;
• 20^th year: 4200 UAH;
• 21^st year: 4800 UAH;
• 22^nd year: 4800 UAH;
• 23^rd year: 4800 UAH;
• 24^th year: 4800 UAH;
• 25^th year: 4800 UAH.

Late payment of annuities results in 50% penalty to the above fees.

In case the author and the owner are the same person, official fees for design certificates are paid in an amount of 20% of the total sum.

GIs:

Filing fee: 4000 UAH.

20% discount applies to e-filing.

Semiconductor product layouts:

Filing fee: 1600 UAH.

20% discount applies to e-filing.

In case the author and the owner are the same person then official fees for are paid in an amount of 10% of the total sum.

Plant varieties:

Filing fee: 1700 UAH

Annuity fees:

Maintenance fee of property right validity on suitability for dissemination of plant variety which are a public domain variety or landraces (maintaining variety in the State Register of Plant Varieties Suitable for Dissemination in Ukraine)

• for each year: 2300 UAH.

Maintenance fee of property rights validity of intellectual property on plant variety (patent validity):

• 1^st year: 2300 UAH
• 2^nd year: 2300 UAH;
• 3^rd year: 2300 UAH;
• 4^th year: 2300 UAH;
• 5^th year: 2300 UAH;
• 6^th year: 5200 UAH;
• 7^th year: 5200 UAH;
• 8^th year: 5200 UAH;
• 9^th year: 5200 UAH;
• 10^th year: 5200 UAH;
• 11^th year: 7000 UAH;
• 12^th year: 7000 UAH;
• 13^th year: 7000 UAH;
• 14^th year: 7000 UAH;
• 15^th year: 7000 UAH;
• 16^th and each subsequent year: 8700 UAH.

Maintenance fee of property right validity on suitability for dissemination of plant variety (maintaining variety in the State Register of Plant Varieties Suitable for Dissemination in Ukraine):

• 1^st year: 2300 UAH
• 2^nd year: 2300 UAH;
• 3^rd year: 2300 UAH;
• 4^th year: 2300 UAH;
• 5^th year: 2300 UAH;
• 6^th year: 5200 UAH;
• 7^th year: 5200 UAH;
• 8^th year: 5200 UAH;
• 9^th year: 5200 UAH;
• 10^th year: 5200 UAH;
• 11^th year: 7000 UAH;
• 12^th year: 7000 UAH;
• 13^th year: 7000 UAH;
• 14^th year: 7000 UAH;
• 15^th year: 7000 UAH;
• 16^th and each subsequent year: 8700 UAH.

Late payment of renewal and annuity fees results in 50% penalty to the above fees.

The grace period for late payment for patents, trademarks and designs annuities is 6 months.

The grace period for the plant variety is 12 months.

The grace period for the plant variety distribution (dissemination) is 24 months.

Assignment of IP rights is possible with respect to pending applications and registered rights.

Partial assignment of rights is possible for trademarks and copyrighted objects.

To be considered valid, the Assignment Agreement must be concluded in written form, be signed by the Assignor and the Assignee, and must contain a set of essential provisions stipulated by the relevant laws.

In order to record an assignment, it is necessary to file a request to the IP Office together with a copy of an Assignment Agreement/Deed and pay the respective official fee.

Recordal of assignment is mandatory according to Ukrainian laws and regulations with respect to rights to inventions, utility models, trademarks, industrial designs, plant varieties, animal breeds, semiconductor product layouts.

The lawful owner is considered the person properly reflected in the respective IP register.

Intellectual property rights are transferred to the Assignee from the moment the Assignment Agreement is registered by the Office.

Only registered IP rights can be subject to license agreements, i.e. licenses granted to pending applications are considered not valid.

To be considered valid, the license agreement must be concluded in written form, be signed by the Licensor and the Licensee, and must contain a set of essential provisions stipulated by the relevant laws.

The list of such essential provisions includes:

• type of license (exclusive, single, non-exclusive);
• scope of use of the intellectual property right object (specific rights granted under the agreement, methods of using the object);
• territory of use;
• term for which intellectual property rights are granted;
• type of license fees for the use of the intellectual property object, their amount, procedure and terms of payment;
• quality control (for trademarks);
• other conditions that the parties to the agreement consider appropriate to include in the license agreement.

There is no requirement to register licence, it can be carried out at the discretion of the parties and there is no consequence of failing to register.

According to current regulations right of enforcement of IP rights belongs to the respective IP right holder.

If stipulated by the license agreement, exclusive licensee should be allowed to enforce a right, whereas non-exclusive licensee cannot be granted such a right.

There are several criminal sanctions available in Ukraine for the infringement of IP rights. They are set forth in the Criminal Code of Ukraine (the CCU) and include the following:

• Infringement of copyright and related rights (Article 176 of the CCU) is punishable by a fine, correctional labour, or imprisonment, with or without deprivation of the right to hold certain positions or engage in certain activities, provided that such actions caused substantial pecuniary damage;
• Infringement of the rights to invention, utility model, industrial design, topography of microelectronic integrated circuits, a variety of plants, innovative proposals (Article 177 of the CCU) is punishable by a fine, correctional labour, or imprisonment, with or without deprivation of the right to hold certain positions or engage in certain activities, provided that such actions caused substantial pecuniary damage;
• Illegal use of trademark or service mark, trade name, geographical indication (Article 229 of CCU) is punishable by a fine, with or without deprivation of the right to hold certain positions or engage in certain activities, provided that such actions caused substantial pecuniary damage;
• Illegal collection for the purpose of use, or actual use, of information constituting a trade secret (Article 231 of the CCU) is punishable by a fine, provided that substantial damage was caused;
• Disclosure of trade secrets (Article 232 of the CCU) by a person in connection with their professional or official duties, committed for mercenary motives, is punishable by a fine, with or without deprivation of the right to hold certain positions or engage in certain activities, provided that such actions caused a substantial damage.

Additionally, depending on the circumstances of the case, an asset forfeiture (Article 96-1 of the CCU) might be applied.

The criminal proceedings are usually initiated ex officio, meaning that it is a public prosecutor’s office that brings an indictment to the court thereby initiating the court hearing and also participating in the entire court process.

Article 432 of Civil Code of Ukraine guarantees that every person is entitled to address the court for the protection of their intellectual property right. Currently, claims for infringement of IP rights are filed to the general courts or to the commercial courts depending on the defendant’s legal status.

Infringement of IP rights might also constitute an administrative offence. Such cases will also be heard by the general courts. Unlike civil court proceeding, administrative court proceedings are being initiated by the protocol of the administrative offence, issued by authorized body, for instance – the National Police of Ukraine.

In addition, there are other authorities, entitled to enforce intellectual property rights. For instance, the Antimonopoly Committee of Ukraine considers unfair competition cases, which also include an unauthorized use of trademarks, passing off, disclosure of trade secrets and other infringements of intellectual property rights. Another example is the Customs Service, which, under certain circumstances, may proceed with the forfeiture of the goods that infringe intellectual property rights (Article 401 of the Customs Code).

Intellectual property office proceedings are provided by the Appeals Chamber of the National IP Authority (Ukrainian National Office of IP and Innovations). The Appeals Chamber is authorized to consider appeals against the decisions of Ukrainian National Office of IP and Innovations regarding the acquisition of rights to intellectual property objects, applications for invalidation of intellectual property rights in whole or in part, and applications for recognition of trademarks as well-known in Ukraine.

Alternative dispute resolution by the means of mediation, arbitration or negotiation is also possible in Ukraine. They are provided on the regular basis with no special rules for intellectual property infringements established. Alternative dispute resolution is not mandatory; however, the procedural rules require the claimant to inform if there was any prior amicable resolution of the dispute, attempted prior to filing the claim.

In addition, Article 56 of the Copyright Law of Ukraine sets forth the possibilities for amicable resolution of the Internet disputes by filing a statement of termination of copyright and/or related rights infringement to the website owner on which the relevant digital content is posted or otherwise used. Such a person must disable access to the digital content that infringes copyright or related rights within 48 hours from the date of receipt of the relevant statement.

The answer to this question depends on many factors, i.e. the circumstances of the case, the amount of evidence and other materials required, the quantity of necessary procedural actions, the type of IP right that is being infringed, the quantity of the participants to the proceedings, etc.

The provided information regarding the duration of enforcement procedures is based on statutory timeframes and may differ in practice. The provided information regarding the costs includes state fees for the consideration of the claim and does not cover attorney’s fees, costs related to obtaining evidence (e.g., expert opinions, consumer surveys, test purchases, etc.) and other types of supplementary expenses.

Civil proceedings. According to the law, once the lawsuit is filed with the court, the court has up to 5 days to initiate the proceedings. After that, a preparatory stage begins, which may last up to 60 days and can be extended for 30 additional days. It includes no less than 15 days for the defendant to file an answer to the claim.  A preparatory hearing follows, after which the hearings on the merits commence. This stage may last up to 30 days. Finally, it might take up to 10 days for the court to issue a decision. In total, court proceedings in the first instance generally take a minimum of 3–4 months, provided that there is no need to postpone the hearings, to appoint expert examination, collect additional evidence, or make other procedural actions.

Proceedings in court of appeal last less: it takes 5 days to initiate the proceedings and 30 days to consider the case on its merits. Supreme Court must consider the case on the merits within 60 days from the date when the proceedings were opened.

In 2025, the state fee for filing a claim with the court of first instance is 1211,20 UAH (circa 25 EUR) for private persons and 3028 UAH (circa 63 EUR) for companies and private entrepreneurs . The state fees for filing the appeal with the Court of Appeal are 150 % of the state fees paid in the first instance f and 200 % – for filling the cassation appeal with the Supreme Court. The indicated fees may differ if the monetary demands are included to the lawsuit.

Administrative proceedings shall last no more than 15 days according to the general rule, established by the Article 277 of The Code of Ukraine on the Administrative Offences.

Proceedings in the Antimonopoly Committee of Ukraine might last up to three years according to the Article 37-1 of the Law of Ukraine on the Protection of Economic Competition.

Ukrainian IP office proceedings. The duration of proceedings depends on the type of action and the category of the IP object involved. For instance, an appeal against the decision of Ukrainian IP office must be filed within 2 months from the date of the contested decision The Appeals Chamber considers such appeals within two months, a period that may be extended by an additional two months upon a reasoned motion by the appellant

For the invalidation of the inventions (utility models) the deadline to file an appeal  is 9 months from the date of publication about the registration. Then, the Appeals Chamber must consider it within 4 months period. Similarly, this period can be extended for 2 more months upon the motion of the appellant.

For the invalidation of the industrial design registration an appeal can be filed anytime and should be considered by the Appeals Chamber within 3 months period.

There is no deadlines established for the consideration of the applications for the recognition of marks as well-known. The Appeals Chamber has a right to establish it by itself, and it shall be ‘reasonable’.

The costs also vary on the depends on the type of action and the category of the IP object involved. For filing the appeal against the decision of Ukrainian IP office, a state fee is 3400 – 6800 UAH, which is circa 70 – 140 EUR.  For the application for invalidation of IP rights, the fee is fixed at 32 000 UAH (circa 670 EUR). For the application for recognition of a well-known mark, a state fee is 24 000 UAH (circa 500 EUR).

Alternative dispute resolution. There is no unified deadlines or fees for the alternative resolution of the dispute. The only established deadline is 30 days period for the settlement of the conflict with the participation of the judge, which starts from the date of its initiation by the court’s order.

1. Court Jurisdiction

• Commercial courts handle disputes between legal entities and individual entrepreneurs related to business activities (the Commercial Procedure Code of Ukraine).
• General courts (civil jurisdiction) deal with disputes between individuals, including those related to property rights, damage compensation, labour and family matters (the Civil Procedure Code of Ukraine).
• Administrative courts consider disputes with state authorities regarding their decisions, actions, or omissions (the Code of Administrative Procedure of Ukraine).

2. How to Start Proceedings

The proceedings are initiated by the court of first instance after receiving a statement of claim t . The claim can be submitted:

•  in electronic form via the Unified Judicial Information and Telecommunication System (UJITS), or
• in paper form, either in person or by postal mail.
  The claim must be accompanied by evidence, proof of payment of court fees, and documents confirming the authority of the representative (if applicable).

3. Basics of the Procedure

A case proceeds through the following stages: initiation of proceedings, preparatory proceedings, main hearing, and decision-making.

In civil and commercial cases, proceedings may be oral or written.
Experts, witnesses, and expert examinations may be involved upon the parties’ request or on the court’s initiative.

4. Time to Trial

• Preparatory proceedings: up to 60 days from the date the case is initiated.
• Main hearing: usually takes another 1–3 months depending on the complexity.
• In simplified procedures, the total duration may be shortened (sometimes to 1–2 months).

In practice, the average duration of cases in the first instance is from 3 to 12 months.

5. Format of the Trial

The case may be considered in an oral hearing or based on written submissions, especially in simplified procedures.
Hearings are public, unless otherwise provided by law. Remote participation via videoconference is allowed.

6. Time to Judgment and Relief

The court decision is issued immediately after the conclusion of deliberations or within a reasonable period after that.

The law does not set a strict deadline, but in practice, judgments are issued within a few days to a week after the final hearing.

Remedies may include monetary compensation, recognition of rights, obligations to act or refrain from actions, or other relief as provided by law.

7. Appeal

A decision of the first-instance court may be appealed:

• within 15 days in civil and commercial cases (from the date of receiving the full text of the judgment);
• within 30 days in administrative cases (from the date of receiving the full text of the judgment).

The appellate decision may be further challenged before the Supreme Court, subject to statutory grounds.

1. Customs Register of Intellectual Property Rights

According to the Customs Code of Ukraine, a right holder may file an application with the State Customs Service to include an intellectual property object (e.g., trademark, industrial design) in the Customs Register of Intellectual Property Rights (IPR Register).

Once registered, customs authorities are obliged to exercise enhanced control over goods that may infringe the registered rights during cross-border movement.

2. Suspension of Customs Clearance (Based on the IPR Register)

If customs authorities detect goods suspected of infringing registered IP rights, they may suspend customs clearance for up to 10 working days, with a possible extension for another 10 days.

During this period, the right holder may:

• file a claim in court;
• request interim measures (e.g., seizure of goods).

3. Suspension Without Registration (Ex Officio)

Even if the IP rights object is not registered in the Customs Register, customs authorities may on their own initiative suspend clearance of goods for up to 3 working days if there are obvious signs of infringement.

The right holder is notified and may submit proof of rights and initiate further legal action.

4. Simplified Destruction of Goods

If infringement is confirmed, and both the right holder and the declarant (importer/exporter) provide written consent, the goods may be destroyed without court involvement.

This procedure is regulated by Article 403 of the Customs Code of Ukraine.

5. Judicial Protection Measures

A right holder may also file a lawsuit to:

• stop the infringement;
• prohibit customs clearance;
• request seizure of the goods;
• seek destruction of the counterfeit goods based on a court decision.

Such actions can be taken in parallel with or independently from customs procedures.

6. Liability for Infringement

Importing or exporting counterfeit goods may lead to:

• administrative liability under Article 476 of the Customs Code (infringement of IP rights during border crossing);
• judicial bans on import/export;
• court-ordered destruction of infringing goods.

Thus, Ukrainian customs law provides both registration-based and ex officio mechanisms for IP rights enforcement at the border, along with destruction procedures and judicial remedies to protect right holders.

There are no such mandatory options or mechanisms. However, it must be noted that in the statement of claims, the claimant shall disclose information as to whether the parties have attempted mediation or other out-of-court resolution.

The IP dispute can be resolved by the respective court by its decision.

Alternatively, the parties of the dispute can conclude the amicable settlement agreement either before the court or out of court at any moment of the dispute. If such amicable resolution is reached during a court hearing, the parties sign a settlement agreement, which is subsequently deposited in court files.

Under exceptional circumstances (on rare occasions), a court may refuse to consent to a settlement agreement made before the court, the withdrawal of a lawsuit or the admission of a claim, if it finds those actions contrary to law or good morals, or aimed at circumventing the law.

The parties may also reconcile, including by means of mediation, at any stage of the judicial process.

To establish infringement, a claimant should, in principle, demonstrate:

1) the right to go to court – particularly existence of the right or legally protected interest (an aspiration to use a specific tangible and/or intangible good) of the claimant. This is of particular importance for unregistered rights such as copyright or trade secrets, well-known trademarks, in case of registered rights a simple reference to a relevant register or certificate should be considered sufficient;

2) performance by the defendant of any of the unauthorised actions – depending on the type of right e.g. copying, distributing, using, manufacturing, offering, marketing, importing / exporting products / copies being the subject of a protected IP rights.

In relation to a particular right, the following factors are of particular importance:

Patents and utility models	The proof that the disputed product incorporates each feature included in the independent claim of the protected invention (utility model), or a feature equivalent thereto.  The disputed process is considered to be used if each feature included in the independent claim of the invention, or an equivalent feature, has been employed. Such circumstances usually are established by certified court experts.
Industrial designs	Infringement assessment should be made by examining the overall impression the product produces on an appropriately identified (depending on the type of product) informed user. A product shall be deemed to be manufactured using a registered industrial design if the appearance of such product or a part thereof produces the same overall impression on the informed user as the protected industrial design.
Trademarks	The claimant has to establish the following circumstances: –        The similarity of the disputed sign and protected trademark (a sign identical to the registered trademark or a sign similar to the registered trademark); –        The identity and similarity of the goods and services of the disputed sign and listed in the trademark certificate; –        The possibility of confusion between the sign and the trademark, including the likelihood of association with the trademark. Such circumstances usually are established by certified court experts.
Well-known trademarks	The existence of factors indicating that the trademark is well-known (for example, the degree of recognition or reputation of the trademark; the duration, extent, and geographical area of any use and/or promotion of the trademark, etc.). Additionally, the same circumstances as to the infringement of the trademark. Social poll is useful evidence in such disputes (about the degree of recognition of the trademark).
Geographical indications  (GI)	Establishing on if the presented circumstances: –        use of the GI for comparable products that are not covered by the relevant registration; –        unlawful use, imitation, or other representation of a GI, even if the true place of origin of the product is indicated or if the registered indication is translated, transcribed, transliterated, or accompanied by terms such as “style,” “type,” “method,” “produced in,” “imitation,” “flavor,” “like,” or similar expressions any practice that misleads the public as to the true origin of the product. –        use of IG that may mislead as to the origin, nature, or essential qualities of the product, including its use on internal or external packaging, advertising materials etc. –        any other use that may mislead the consumer as to the true origin of the product.
Integrated circuit topographies	Reproduction of a topography in an integrated circuit.
Copyrights and related rights	The unauthorized act consisting of one of the exclusive activities reserved to the right holder (g. the reproduction, distribution or communication to the public of the work) or a violation of their moral rights. If the transfer of elements being the result of creative activity of an individual character. Such circumstances exclude the infringement.
Plant breeder’s rights	Unlawful use of a protected variety. Additionally, it is worth mentioning in this context unlawful use of a protected name of a variety.
Unfair competition claims (including passing off)	The following aspects must be established: –        existence of the competition between the parties (claimant and defendant) on the market of Ukraine. –        the act of unfair competition (g. slavish imitation, use of confusingly similar distinctive signs, passing off etc).
Database “sui generis” rights	The right holder must prove the systematic and reiterated extraction or re-use of the contents of the database.
Trade Secrets	In order to establish the infringement of its trade secrets, the right holder must prove that the protected information was acquired in an illicit manner.

The Code of Civil Proceedings (similarly to the Code of Commercial Proceedings) contains an open catalogue of evidence and mentions so, by a way of examples of several of them. In IP-related matters, the most significant are evidence from: court-appointed expert opinions, private expert opinions, visual inspections, hearing of the parties, evidence from film, television, photocopies, photographs, plans, drawings, plates, audio tapes, surveys, social polls.

In Ukraine, courts acquire factual and technical information primarily through the parties’ submissions and, when necessary, by appointing forensic experts. There are no technical judges or judges with specialized technical backgrounds. However, the court may appoint a forensic expert from a state or private expert institution or accept expert opinions provided by the parties.

Experts:

• Court-appointed expert: The court may order a forensic examination. The expert is selected from certified expert institutions or a list of qualified experts.
• Party-appointed expert: Each party has the right to submit private expert opinions (Article 107 CPCU), but the court evaluates their probative value independently.
• Agreed expert: The parties may jointly agree on a specific expert or expert institution, but the appointment must still be approved by the court.

Mechanisms for obtaining and protecting evidence:

• The Ukrainian procedural law allows a party to petition the court for collection of evidence that the party cannot obtain independently.
• Preservation of evidence is available where there is a risk that evidence may be lost.
• Compulsory disclosure: A party may request the court to order the opposing party or a third party to disclose specific documents or objects.
• No discovery in the common law sense: Ukraine does not have pre-trial discovery or depositions. Evidence gathering is court-driven and based on party requests.

All evidence must be disclosed during the trial within the deadlines set by the court. Failure to disclose without valid reasons may result in the court refusing to consider the evidence.

1. Scrutiny of Evidence by the Court

In Ukraine, the court evaluates evidence based on the principle of free evaluation of evidence, meaning the court independently determines the credibility, relevance, and probative value of each piece of evidence.

The court considers:

• Documentary evidence (documents, expert reports, records, etc.);
• Oral evidence (statements of the parties, witness testimonies);
• Expert conclusions;
• Physical evidence;
• Other admissible evidence.

Cross-Examination

There is no formal institution of cross-examination as a separate procedural stage.

However:

• Parties and their representatives have the right to question witnesses and experts during court hearings;
• The court may also ask questions to clarify facts;
• Witnesses are examined consecutively, without division into direct and cross-examination;
• Questions should be relevant, respectful, and impartial.

3. Frequency of Questioning

Questioning of witnesses and experts by the parties during hearings is a common practice and serves as an important tool to verify the reliability of evidence.

4. Other Evidence Control Mechanisms

• The court may refuse to admit evidence obtained unlawfully;
• Additional expert examinations may be ordered if there are doubts about the accuracy of initial expert findings;
• The court compares and weighs all evidence to establish the truth;
• Parties may appeal the court’s assessment of evidence in higher courts.

Thus, the court in Ukraine thoroughly assesses evidence, and the parties’ right to question witnesses and experts during hearings is a key mechanism for examining the facts.

Defendants may bring a broad range of defences against infringement claims:

• Most common is the claim on invalidation (cancellation and non-use termination) of registered IP rights of the claimant.
• Prior use.
• Fair use for copyrighted works.
• Exhaustion of rights.
• Non-commercial use.

There are special defences for infringement of medical inventions – if the use is made (1) for the purposes of and/or within the scope of research conducted for the preparation and submission of information, documents, and materials for the state registration of a medicinal product; (2) actions within the procedure of the state registration of a medicinal product.

1. Inventions (e.g., patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how)

• Right holders (e.g., patent owners) may challenge or defend their rights.
• Third parties (such as competitors or other interested persons) may challenge the validity or enforcement of patents and other related rights.
• State authorities (e.g., patent office) may act within their competence to review and supervise patent grants.
• Persons holding rights or interests in trade secrets, confidential information, or know-how may seek legal protection or challenge infringements.

2. Brands (e.g., trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees)

• Right holders of trade marks and related rights may enforce and protect these rights.
• Third parties may challenge registrations or use of these rights, including by filing claims for invalidation or cancellation.
• State authorities or authorized organizations may act to protect designations of origin, geographical indications, and traditional speciality guarantees.
• Persons harmed by unfair competition may bring legal action to prevent such violations.

3. Other creations, technology and proprietary interests (e.g., copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how)

• Right holders of copyrights, design rights, semiconductor topography rights, plant variety rights, database rights, and related confidential information may challenge infringements or defend their rights.
• Third parties who consider their rights infringed may initiate proceedings.
• Collective management organizations may also be involved in protecting copyright interests.
• Rights holders in plant varieties or databases may bring actions to protect their proprietary interests.

Thus, challenges to the intellectual property rights described in Section A may be brought by:

• Right holders seeking protection or enforcement of their rights;
• Third parties who claim infringement or other adverse effects;
• State authorities exercising supervisory or regulatory functions;
• Authorized organizations involved in collective management or specialized protection (e.g., for geographical indications).

1. Inventions (patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how)

• Challenges may be made during the registration process as well as at any time during the subsistence of the right.
• Applicants or third parties may file oppositions or requests for revocation during patent examination or initiate invalidation proceedings after registration.
• Rights in trade secrets and know-how are protected as long as confidentiality is maintained, so challenges can be made whenever an infringement is discovered.

2. Brands (trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, designations of origin, geographical indications, traditional speciality guarantees)

• Trade mark rights may be challenged during the registration process through oppositions.
• After registration, challenges can be brought at any time during the validity of the rights (usually 10 years with renewal options).
• Challenges related to geographical indications, traditional speciality guarantees, and claims against unfair competition may be made at any time during the existence of the rights or upon discovery of infringement.

3. Other creations, technology and proprietary interests (copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how)

• Challenges to registration of design rights, semiconductor topography rights, and plant varieties may be made during registration or during the term of the rights.
• Copyright and related rights arise automatically and are protected throughout their term, so infringement challenges may be made at any time.
• Rights in databases, trade secrets, confidential information, and know-how are protected for as long as the rights or confidentiality exist, thus challenges can be made upon discovery of violations.

The decision on registration of the trademark may be opposed to the Appeals Chamber of NIPO by the applicant or the person who filed the objection. The forum for challenging registered rights is court.

The main grounds for challenging discussed rights is the failure to fulfil protection requirements. However, additional circumstances may also constitute grounds for challenging (e.g. lack of genuine use, loss of distinctiveness etc.) rights. To challenge the rights in the court the claim or a counterclaim may be filed by the claimant.

The grounds for invalidity of patents (and, where applicable), of utility model patents) are:

• non-patentable subject matter (e.g. discoveries, scientific theories, mathematical models, information presentation, software, etc.);
• lack of novelty;
• obviousness for the person skilled in the art;
• invention not suitable for industrial application;
• contrariety to public order or accepted principles of morality;
• insufficient disclosure of the invention;
• extension beyond the content of the original application;
• patent application filed by an entity not entitled to it;
• failure to pay the relevant annuities in due time (this is a cause for extinction of the patent).

The grounds for the invalidity of the trademark are the following:

• the sign cannot constitute a trademark;
• lack of distinctive character;
• contrariety to the law, public order and accepted principles of morality;
• deceptiveness;
• lack of novelty;
• infringement of third parties’ rights (g. copyright or image rights);

Furthermore, a trademark can be terminated in case of:

• vulgarization;
• non-use for five years;
• supervening contrariety to the law, public order and accepted principles of morality;
• supervening deceptiveness.

The grounds for invalidity of a design are the following:

• lack of novelty;
• lack of individual character;
• contrariety to public order or accepted principles of morality;
• the design of an element of a complex product is not visible during its normal use;
• the design serves a technical function or consists of a necessary shape and/or dimension for its linking to another product;
• registration filed by an unauthorized entity;
• infringement of third parties’ trademarks or copyrights.

Certain intellectual property rights namely patents and utility models, plant variety, can be subject to compulsory licensing.

Compulsory license can be issued to any person who wishes and is willing to use the invention (utility model) apply to the court for the respective license, if an invention (utility model), except for a secret invention (utility model), is not used or is insufficiently used in Ukraine for a period of three years starting from the day following the date of state registration of the invention (utility model), or from the date when its use was discontinued.

Also, for the purpose of protecting public health, national defense, environmental safety, and other public interests, the Cabinet of Ministers of Ukraine may authorize the use of the invention (utility model).

The issuance of a compulsory license for plant variety is possible for a period of up to four years (within the term of the patent) to a designated person on the grounds of exceptional public need and under the conditions of martial law or a state of emergency, with appropriate compensation paid to the patent holder.

Special IP remedies (Article 432 of Civil Code):

1) applying immediate measures to prevent infringement of intellectual property rights and preserving relevant evidence;

2) suspension of custom clearance of goods imported or exported in violation of intellectual property rights;

3) withdrawal from civil circulation of goods manufactured or put into civil circulation with infringement of intellectual property rights and destruction of such goods at the expense of the person who committed the infringement;

4) withdrawal from civil circulation of materials and tools that were used mainly for the manufacture of goods in violation of intellectual property rights, or withdrawal and destruction of such materials and tools at the expense of the person who committed the infringement;

4-1) application of a one-time monetary payment, provided that the intellectual property right was infringed by the defendant unintentionally and without negligence;

5) application of compensation instead of reimbursement of damages for the misuse of intellectual property right;

6) publishing, at the request of the claimant, in the mass media or making publicly available by another court determined by the court, information on the infringement of intellectual property rights and the content of the court decision on such infringement at the expense of the person who committed the offence.

The first four remedies might be both, interim and final, while the last three are most likely to be final remedies only.

General interim remedies:

1) seizure of property and (or) funds belonging to the defendant;

2) prohibition the defendant to perform certain actions (for instance, to transfer IP rights, to refuse IP rights, etc.);

3) a prohibition on other persons to perform actions in relation to the subject of the dispute (for instance, for Ukrainian IP office to make changes to the Register regarding the specific IP object);

4) suspension of customs clearance of goods or items, which contain intellectual property items;

5) other measures in cases provided for by law.

General final remedies:

1) recognition of the right (for instance, recognition of the authorship to copyright, or to the invention, etc.);

2) recognition of the legal deed as invalid (for instance, invalidation of the trademark certificate);

3) termination of the action that violates the right (for instance, cessation of the sales of the counterfeited products, removal of unlawfully used trademark from the goods);

4) restoration of the situation that existed before the violation (for instance, refutation of false information);

5) enforcement of an obligation (for instance, under the license agreement);

6) change of legal relations;

7) termination of legal relations;

8) compensation for damages and other means of compensation for property damage;

9) compensation for moral (non-pecuniary) damage;

10) declaring illegal decisions, actions or omissions of a state authority, authority of the Autonomous Republic of Crimea or local self-government body, their officials and employees.

A court may protect a civil right or interest in another way established by an agreement or law or by a court in cases determined by law. Such other remedies might include the following: establishment of the fact of  (prior) use of IP object; cancellation of the registration of IP objects (for non-use or other reasons); recognition of the variety as suitable for distribution in Ukraine etc.

The answer to this question depends on many factors, i.e. the circumstances of the case, the amount of evidence and other materials required, the quantity of necessary procedural actions, the type of IP right that is being infringed, the quantity of the participants to the proceedings, etc.

The Court expenses consist of the court fee and other expenses, related to the consideration of the case. These include attorney fees, costs for the involvement of witnesses, specialists, translators, experts and for the conduct of an expert examination; costs for the reclamation of evidence, inspection of evidence at its location, and securing evidence; other costs.

The state fees for filing a claim to the court of first instance in 2025 are 1211, 20 UAH (circa 25 EUR) for private persons and 3028 UAH (circa 63 EUR) for companies and private entrepreneurs. The fees for filing the appeal are 150 % of the state fees paid in the first instance for the Court of Appeal and 200 % – for the Supreme Court. Fees might be different if also monetary demands were included to the lawsuit. The information given about the costs includes state fees for consideration of the claim and does not include attorney fees, costs for obtaining evidence (in example, for providing expertise or the consumers survey, for making test purchases, etc.) and other types of supplementary expenses.

The security of costs is possible and might apply at the discretion of the court. In such case, a priorly defined sum of money shall be transferred to the deposit account of the court. The court might also order that a party, who requested certain procedural action (providing expertise, involvement of specialist etc.) pay for it in advance.

All the aforementioned costs can be recovered on the basis of the motion filed by the parties and depending on the outcome of the case. The party who prevailed in the proceedings has a right to the recovery of the costs, and a party who lost shall compensate such costs. The amount of money awarded to the party is fixed in the court`s decision.