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Mikhailyuk, Sorokolat and Partners
Kharkov, Ukraine (UA)

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Benatov & Partners
Kyiv, Ukraine (UA)

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Ukraine (UA)

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09-28-2016 (Newsletter Issue 17/16)
State Intellectual Property Service No Longer Needed
The resolution "On optimization of central executive bodies of the state system for the legal protection of intellectual property" was adopted by the Cabinet of Ministers of Ukraine on August 23, 2016. It stipulates in particular the liquidation of the State Intellectual Property Service.

The State Intellectual Property Service had been responsible for the following functions: examination of applications for intellectual property rights; the issuance of the relevant patents and certificates; the registration of intellectual property objects; assignment agreements; license agreements and maintenance of the registers.

In future these functions will be delegated to the Ministry of Economic Development and Trade after the adoption of the relevant act by the Government.

The decision was taken in order to facilitate the streamlining of the state management in the intellectual property sphere, and to implement an effective management on behalf of the public enterprises and organizations in the intellectual property field.

Source: Mikhailyuk, Sorokolat and Partners, Ukraine


09-28-2016 (Newsletter Issue 17/16)
Reformation of Judicial System Launched
On June 2016, the Ukraine launched the reformation of the Ukrainian judicial system. Three laws have already been adopted. They aim to correct deficiencies of the former judicial system, enhance the effectiveness thereof and thus raise its standards.

The new law on the judicial system introduces the Highest Court of Intellectual Property as a court of first instance. Intellectual property disputes can be reviewed further by the Supreme Court. The new procedure will facilitate the more expeditious processing of claims and reduce the backlog of cases. According to the new law, only lawyers, who are accredited with the bar are allowed to represent their clients before the Highest Court of Intellectual Property, while the earlier practice enabled all patent attorneys and legal counsels to represent their clients in intellectual property matters before the court. This amendment will come into force on January 1, 2019.

The reform will also affect the enforcement procedure: private enforcement officials are expected to be introduced. The new body will execute court decisions and will give right holders the opportunity to control the execution of the enforcement actions.

The above-mentioned changes are intended to facilitate the implementation of full-scale judicial reform in Ukraine in accordance with public expectations and in line with European standards.

Source: Mikhailyuk, Sorokolat and Partners, Ukraine


06-28-2016 (Newsletter Issue 12/16)
New IP Court to Be Established Soon
On June 03, 2016, the Parliament of Ukraine adopted a law on reforming the judicial system of Ukraine. Currently, the law is awaiting the President’s signature. The reform provides for establishing the High Court on Intellectual Property Issues by autumn 2017 as a court of the first instance for copyright, trademark and patent disputes. Judicial decisions will be reviewed in the court of appeal within the chamber of the Supreme Court of Ukraine.

As from 2017 only attorneys-at-law (barristers) will be authorized to represent parties in intellectual property court. Prior to adopting the new law, patent attorneys, company directors and legal advisors were also allowed to represent their clients in court.

Further, the judicial reform has also affected the reform of judgment enforcement authorities. The new institution of private judicial executors appeared. For right holders, it is a chance to procure judgment execution after winning a case in a more effective manner. Meanwhile, it is unclear how to execute a judgment of a specialized IP court in foreign countries, which have already signed international treaties on the enforcement of judgments in civil, criminal and commercial cases.

Source: Synergy IP Law Agency, Ukraine


06-14-2016 (Newsletter Issue 11/16)
Law on Medicinal Products Expected to be Simplified
On May 31, 2016, draft law No. 4484 simplifying the procedure for registration of medicines in Ukraine (the “Law”) was adopted by the Ukrainian Parliament.

The Law may be important for owners of pharmaceutical trademarks because it is expected to provide simpler access for foreign medicines into Ukraine. This may increase competition in the Ukrainian pharmaceutical market and bring down the prices of medicine.

The Law is now awaiting the President’s signature and will become effective on the day after its official publication.

If signed by the President, the Law will:
- Reduce the term for the state registration of medicines in Ukraine from one month to ten days; and
- Introduce the simplified procedure of the state registration of medicinal products already registered by the competent authorities in the Unites States of America, Switzerland, Japan, Australia, Canada or registered under the centralised procedure by the competent authority of the European Union. Currently, the simplified procedure applies only to the registration of certain foreign medicines (such as medicines for the treatment of oncological diseases, HIV/AIDS, viral hepatitis and tuberculosis).

Source: CMS Cameron McKenna LLC, Ukraine


09-02-2015 (Newsletter Issue 13/15)
Free Access to Trademark Applications Database
The Ukrainian Institute of Intellectual Property granted free access to its online database of trademark applications on August 21, 2015.

Even though the database only contains applications that passed the formal examination since August 20, 2015, trademark owners will be able to monitor new applications and daily updates, ensuring timely enforcement of their prior rights.

Source: www.petosevic.com


07-28-2015 (Newsletter Issue 12/15)
Communist and Nazi Symbols Banned
A new law condemning the Communist and Nazi regimes and prohibiting all related symbols and propaganda entered into force in Ukraine on May 21, 2015. Several articles of the Ukrainian Law on Protection of Rights to Marks for Goods and Services have been amended in accordance with the new law.

Points 1 and 2 of Article 5 (Conditions for Granting Legal Protection) were amended:

1. Legal protection shall be granted to a mark that does not contradict the public order, principles of humanity and morality, the Ukrainian Law “On condemning the Communist and National Socialist (Nazi) totalitarian regimes in Ukraine and prohibiting the propaganda of their symbols”, and is not subject to the grounds for the refusal of legal protection as established by the present law.

2. Trademark may consist of any sign or any combination of signs, such as words, including personal names, letters, numerals, pictorial elements, colors and combinations of colors, as well as any combination of such signs. Trademark cannot contain the following: any name or pseudonym of a person holding senior position within the Communist Party, starting from the secretary position of a district committee and higher; the Union of Soviet Socialist Republics (USSR) and the Ukrainian Soviet Socialist Republic highest bodies of power and administration; other Soviet Union republics and autonomous Soviet republics (except in cases related to the development of the Ukrainian science and culture), who used to work for the Soviet state security bodies; the names of the USSR, the Ukrainian SSR, other Soviet republics and their derivatives; denominations associated with the Communist Party activities and its establishment on the territory of Ukraine, other administrative units of the Soviet system, as well as denominations associated with the fight against the participants in the struggle for independence of Ukraine in the twentieth century.

The amendments also include a new Point 5 in Article 6 (Grounds for Refusal of the Legal Protection), which reads:

Legal protection shall not be granted to a mark that contradicts p. 2 of Article 5 of the given Law, and the Ukrainian Law “On condemning the Communist and National Socialist (Nazi) totalitarian regimes in Ukraine and prohibiting the propaganda of their symbols”.

Under the transitional provisions of the new law, the rights holders whose trademarks contain communist and/or Nazi symbols are obligated to bring such trademarks in line with the legislation. However, it is not specified how this will work in practice.

There are some registered trademarks in Ukraine whose legitimate use can be put into question.

Source: www.petosevic.com


06-16-2015 (Newsletter Issue 9/15)
Administrative Appeal against Industrial Designs/Utility Models Considered
During a recent roundtable organized by the Ukrainian IPO in Kiev, Ukraine, the majority of the attendees, mostly IP practitioners, supported the idea of legislation changes that would introduce an administrative appeal against the registered industrial designs and utility models.

In Ukraine, there is no substantive examination of industrial design and utility model applications. This fact encourages copying and registration of identical or similar designs and utility models, mostly as an act of bad faith. Moreover, such registered industrial designs and utility models become recorded in the customs register of IP rights, thus hampering the movement of goods across the border.

At the moment, the Ukrainian PTO only has a brief outline of the future system, but the main idea is to place the Board within the PTO in charge of considering such appeals, organizing substantive examinations and making decisions on invalidation of IP rights.

The interested parties will be able to appeal the Board’s decisions in court, but the PTO is aiming to make the procedure faster and less time and money consuming compared to the judicial procedure of invalidation currently available.

It is expected that the draft laws containing these amendments will be completed and published in July-August 2015.

Source: www.petosevic.com


09-16-2014 (Newsletter Issue 14/14)
Re-Validation of IP Rights in Crimea
On 22 July 2014, the Russian Law regulating IP protection on the territory of the Crimean Peninsula entered into force.
According to the Ukrainian Law on Ensuring Protection of the Rights and Freedoms of Citizens and Legal Regime on the Temporarily Occupied Territory, which entered into force on 9 May 2014, the Crimean peninsula is still regarded as part of Ukraine, with a special legal status as an occupied territory.

Due to this conflict, it is recommended that owners of IP rights that are being executed in Crimea should apply for protection of their IP rights in both countries, Russia and Ukraine.

The deadline for revalidating Ukrainian IP rights (whether re-registering or re-filing) in Russia as well as resolving other IP-related issues is set for 1 January 2015.

For detailed information, please see the article on 'IP Protection in Ukraine and Russia in Light of Crimea Conflict' from our contributor PETOSEVIC here.

Source: www.petosevic.com


04-01-2010 (Newsletter Issue 9/10)
Accession to the Singapore Treaty
Ukraine has recently ratified the Singapore Treaty on the Law of Trademarks.
In conformity with Article 28(3), the said Treaty will enter into force, with respect to Ukraine, on May 24, 2010.

Source: www.wipo.int


Trademark Law Legal basis is the Law on Protection of Rights to Trademarks and Service marks of December 23, 1993, in force since July 1, 1994, last amended April 9, 2015.
Ukraine is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Ukraine only, if they were transcribed within the period stipulated.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, combinations or shades of colours, threedimensional forms, the three-dimensional form of a good or its packaging, sound marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks and service marks.
The application is filed at the Ukrainian Institute of Industrial Property (UKRPATENT).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 14 to 16 months. Accelerated examination (5-9 months since filing date) is available for extra charge.
Simultaneously with the registration, the trademark is published in the Official Gazette.
National:
Any person can file grounded opposition against a trademark registration within the whole period of the application examination but not later than 5 days before issuing of the final decision.
But there is no publication before granting right protection, therefore, no opposition period. Information about filed applications may be obtained only through search, which shows filed applications.
Cancelation of registered trademarks (certificates) is possible only by court.



Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from the registration date or has not been used continuously any other period of 3 years after its registration, any interested person can start a court proceeding for trademark cancellation on the basis of non-usage. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

Further practical details are available in our publication on this topic here
The official application fee is UAH 1,000 for each class. For colour trademarks there is an extra fee of UAH 500. Official fee for filing application in the names of several applicants is paid at the rate 130%.
The official fee for issuing certificate is USD 200 for foreigners. The amount must be paid in USD.
The official fee for publication for each class is UAH 150. Additional fee for colour trademark publication is UAH 100.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 270,00 € 110,00 € 
Word Mark Search (identical) 250,00 € 90,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-18-2016
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

09-23-2015
Benatov & Partners, Kyiv, Ukraine  

12-02-2013
Benatov & Partners, Kyiv, Ukraine  

11-06-2012
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

06-29-2011
IPR Group, Kiev, Ukraine



Mikhailyuk, Sorokolat and Partners



Anna Mikhailyuk

Anna Mikhailyuk
46 Bobruiskaya Str.
61054 Kharkov
Ukraine (UA)
Tel +38 057 703 21 65
Fax +38 057 717 74 72
office@msp.ua
www.msp.ua

MIKHAILYUK, SOROKOLAT & PARTNERS is a full service Intellectual Property law firm established in 1992. For more than 20 years of development the firm built up an excellent team of more than 100 IP professionals and has acquired the highest reputation due to our high quality services.

We provide our clients with a full range of trademark, patent and legal services in the key areas of intellectual property in the countries of the former Soviet Union, namely in Russia, Ukraine, Kazakhstan, Georgia, Uzbekistan, Armenia, Azerbaijan, Belarus, Estonia, Kyrgyzstan, Latvia, Lithuania, Moldova, Turkmenistan, Tajikistan.

Benatov & Partners



Dr. Daniel Benatov

Dr. Daniel Benatov
Po. Box # 62
04116 Kyiv
Ukraine (UA)
Tel +38 0 50 3828157
Fax +38 0 44 2367740
benatov@naverex.kiev.ua
www.benatov.kiev.ua

Dr. Daniel Benatov

Chemist, Patent and TM Attorney of Ukraine (reg. # 224)

Partner of Patent and TM Bureau “Dr. Emil Benatov & Partners” (Sofia, Bulgaria)

The Patent and TM Bureau “Dr. Emil Benatov & Partners” was opened in March 1993 and became one of the first private businesses dealing with intellectual property protection in Eastern Europe and in the Republic of Bulgaria. Today we offer a wide spectrum of services in the field of intellectual property protection and appraisal of non-tangible assets in Bulgaria, Ukraine and EU. Bureau founder and main partner - Dr. Emil Benatov.

Since 1994 Dr. Daniel Benatov has been representing the Bureau in Kiev (since 2002 as Ukrainian patent and TM attorney). He has qualification of Master of Science, Engineer Chemist, Specialization: “Industrial Ecology” (National Technical University of Ukraine “Kiev Polytechnic Institute”, Ukraine, 1999) and Intellectual Property Specialist (Intellectual Property Rights Institute, Kiev, Ukraine, 2001).

Ukrainian Intellectual Property Service (UKRPATENT)
1 Glazunov Str.
Kyiv-42, 01601
Ukraine
Tel + 380 44 494 05 05
Fax + 380 44 494 05 06
Mail office@ukrpatent.org
www.uipv.org

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int