Strengthening Intellectual Property Protection In Ukraine

The Law of Ukraine "On Amendments to Certain Legislative Acts to Strengthen the Protection of Intellectual Property Rights" (the Law) became effective on 15 April 2023. The Law aims to harmonize Ukraine's legal framework with the one of the European Union (EU) by implementing provisions of the EU-Ukraine Association Agreement and the EU Directive on the Enforcement of intellectual property rights (Directive 2004/48/EC). By introducing the amendments, Ukraine sought to bolster the safeguarding of intellectual property rights (IPR) and enhance its commitment to international standards.

Remedies and Reimbursement for Losses

A crucial aspect of the Law revolves around the remedies for IPR infringement. Notably, it now mandates that the infringer must bear all expenses associated with removing counterfeit goods from the market and destroying the materials and tools used in production thereof. The provision aims to alleviate the financial burden on rightholders and