General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 603,700 sq. km.
Population: about 50,000,000 inhabitants.
Capital: Kiev, with about 2,600,000 inhabitants.
Language: Ukrainian (official).
Currency: Hryvna.

GENERAL REMARKS

One of the most important ex-USSR republics, the Ukraine declared its independence in August 1991. Since October 1991 the Ukrainian Patent Office (GOSPATENT of the Ukraine) has begun to accept patent and trademark applications and re-registrations of ex-USSR industrial property rights.

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Patents of Invention

LEGAL BASIS

• Law of the Ukraine on Protection of the Rights for Inventions and Utility Models, in force since July 1, 1994; amendments of the Law in force since July 11, 2000; with amendments of July 11, 2000 and February 6, 2001, last amended on June 25, 2003.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, as of December 25, 1991.
• Patent Cooperation Treaty, as of December 25, 1991.
• (Not yet member of Eurasian Patent Convention).

FILING REQUIREMENTS

• Power of Attorney (no legalization);
• Specification, claims and abstract (to be translated into Ukrainian; if filed in another language, the translation must be submitted within two months from the filing date);
• Drawings (3 sets);
• Priority document, if any (to be filed within three months from the filing date).

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: issued after formal and full examination - valid for 20 years; declaratory patent – valid six years as of the filing date (formal examination and local novelty).
Annuities: accumulated and due after the grant of the patent; subsequent annuities are payable after the anniversary of the filing date.
Opposition: possible, before court only.

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Trade and Service Marks

LEGAL BASIS

• Law of the Ukraine on Protection of Rights relating to Trademarks and Service Marks, in force since July 1, 1994; with amendments of June 16, 1999, February 6, 2001 and June 25, 2003.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, as of December 25, 1991.
• Madrid Agreement, as of December 25, 1991.
• Madrid Protocol, as of December 29, 2000.

FILING REQUIREMENTS

• Power of Attorney, not legalized;
• The sign to be protected, 10 prints (size 8 x 8cm); in case of a label, print not to exceed size 14 x 14cm;
• If colors are claimed, 10 prints in color;
• List of goods and services;
• Priority Document (if the priority is claimed, to be filed within three months from the filing date).

REMARKS

Kinds of protection: trade and service marks (wordmarks, design marks, three-dimensional and other distinctive combinations thereof, in color or color combinations). Sounds, light signals and colors can be protected. Besides the original version, filing of wordmark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any three-year period after the registration date may lead to cancellation; nominal use (advertising, publications) is accepted in absence of actual use.
Duration - renewals: 10-year period after the filing date or last renewal date (note: marks re-registered on the basis of the former Soviet Union registrations are due for renewal 10 years after the Ukrainian filing date, or the last renewal date in the former Soviet Union).
Opposition: possible, before the court only.

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Industrial Designs

LEGAL BASIS

• Law of the Ukraine on the Protection of the Industrial Design Rights, in force since July 1, 1994, with amendments of February 6, 2001, last amended on June 25, 2003.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, as of December 25, 1991.
• Hague Agreement, as of August 28, 2002.

FILING REQUIREMENTS

• Power of Attorney, not legalized;
• General view, photograph of the article (picture) - 6 sets, other views - 2 sets;
• Specification of the design - 2 sets;
• Priority document, if any (to be filed within three months from the filing date).

REMARKS

Duration - renewals: after formal and novelty examination: 10 years from the filing date. Renewable for one additional period of 5 years.
Opposition: possible, before the court only.

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Domain Names

LEGAL BASIS

• There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

• ccTLD: .ua
• Applicant: individuals and legal entities.
• Local Presence: not required.

REMARKS

Duration - renewals: one year, renewable yearly.
Uniform dispute resolution procedure: none.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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