Intellectual property in Ukraine


During the recent years Ukraine is strictly and continuously stands on the way of commercial and business development, integration with European Community and other progressive countries of the World and of course on the way of cooperation and collaboration with numerous business communities of the World.

At the moment Ukraine already has rather workable and progressive legislative regulations covering main aspects of business activity and property relationships. It has rather extensive regulations covering incorporation of business entities in Ukraine, various property relationships in Ukraine (including the real estate and land issues), the wide network of double taxation conveniences, treaties and agreements and accordingly can be considered as rather good country for the foreign investments.

Considering all the above, the principal point for further commercial development of Ukraine is the workable and up-to-date material norms covering each and every aspect of property legal relationships and accordingly effective legal procedural regulations allowing the effective protection of property rights in Ukraine together with effective work of various state authorities and institutions, which mission is the effective and timely protection of property rights in Ukraine, as far as property relations are the basis of any business and economy, including Ukrainian economy as well.

And if such terms as movable and immovable property (together with appropriate property rights) are widely understood and recognized in Ukraine having their roots yet at the times when Ukraine was one of republics of former USSR, the intellectual property (together with related rights) is rather new but also very vital concept for Ukraine as far as only highly-technological productions can be competitive on Ukrainian market of goods as well as world-wide and accordingly only such modern highly-technological science-intensive industrial productions and more then this the "scientific and know-how" products themselves can be considered as the most prospective and the only possible at conditions of severe competition. At our days the "scientific and know-how" products (i.e. technology itself) is the most valuable thing then ever. The highest returns are generated by investments made into science and research in order to produce a scientific and know-how product, which is "knowledge" and "technology", i.e. information. It can be used and traded and accordingly requires good material and procedural regulations in order to recognize and protect this most valuable type of property.

The history of intellectual property in Ukraine begins from year 1993, when there were adopted the principal laws covering issues of the intellectual property in Ukraine together with related rights. These laws are:

- the Law of Ukraine "On Protection of Rights to Inventions and Utility Models" effective as of July 01, 1994 with some subsequent amendments adopted to the same by Ukrainian Parliament (Verkhovna Rada Urkayiny);

- the Law of Ukraine "On Protection of Rights to Industrial Designs" effective as of July 01, 1994 with some subsequent amendments adopted to the same by Ukrainian Parliament (Verkhovna Rada Urkayiny);

- the Law of Ukraine "On Protection of Rights to Trademarks for Goods and Services" effective as of July 01, 1994 with some subsequent amendments adopted to the same by Ukrainian Parliament (Verkhovna Rada Urkayiny).

And later on there have been adopted another three regulations covering issues of intellectual property in Ukraine. They are accordingly:

- the Law of Ukraine "On Protection of Rights to Integrated Circuit Designs" effective as of December 11, 1997 with some subsequent amendments adopted to the same by Ukrainian Parliament (Verkhovna Rada Urkayiny);

- the Civil Code of Ukraine effective as of January 1, 2004 with numerous subsequent amendments, which are continuously included into the same by Ukrainian Parliament (Verkhovna Rada Ukrayiny);

- the Commercial Code of Ukraine effective as of January 1, 2004 with numerous subsequent amendments, which are continuously included into the same by Ukrainian Parliament (Verkhovna Rada Ukrayiny).

Thus the above listed regulations are the main legal regulation of Ukraine covering issues of intellectual property in Ukraine considering the national legislation of Ukraine.

The main definitions and principles covering intellectual property issues in Ukraine are established in the Civil Code of Ukraine, namely in clauses 418 to 508 of the same.

Clause 420 of the Civil Code of Ukraine provides that objects of intellectual property include without limitations:

- literature and artistic products;

- computer programs;

- data compilations (data bases);

- performances;

- phonograms, videograms, broadcastings;

- scientific discoveries;

- inventions, utility models, industrial designs;

- integrated circuits designs;

- rationalization proposals;

- plant breeds; animal breeds;

- commercial (firm) names, trademarks (signs for goods and services), geographical designations;

- commercial secrets, etc.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.


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