Posts on IP in Ukraine

In Ukraine, only registered Intellectual Property Practitioners (Patent Attorneys) are entitled to represent foreign individuals and entities as well as persons without nationality before the Ukrainian Patent and Trademark Office (Ukrpatent). There are two mutually interchangeable terms used in Ukrainian laws and regulations respecting registered IP professionals – "Intellectual Property Practitioners" and "Patent Attorneys". In daily use, the short term “Patent Attorney” is more popular.

As in most other countries, the term “Patent Attorney” should be understood broadly, as a patent attorney may have specialized qualifications to practice in one or several of the following fields:

• Inventions (Patents) and Utility Models;
• Designs;
• Layout Designs (Topographies) of Integrated Circuits;
• Trademarks (Marks for Goods and Services);
• Geographical Indications;
• Legal Services in the Field of Intellectual Property.

Some IP professionals describe themselves as “Patent and Trademark Attorneys”, though the term “Trademark Attorney” does not exist in Ukrainian law. This is mainly aimed to draw attention of potential customers that their qualifications include both patents and trademarks.

Therefore, when choosing a Patent Attorney, do not be misled by their title claiming they are Patent Attorneys. Instead, inquire on their qualifications. It might happen their qualifications include only one of the fields (i.e. only Trademarks or Designs).

When it comes to our qualifications, were are entitled to practice in all the above fields.

On 16 July 2019 The Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the Official Language" (hereinafter referred to as the Law) came into effect. Under the Law, the use of the Ukrainian language, as the official language, is mandatory in a number of public spheres.

This Law substantially affects the possibility of using non-Ukrainian wordings (words, phrases, letters) in various public spheres, including the following:

• advertising;
• computer program interfaces and websites;
• publicly available information;
• print media, book publishing and book distribution;
• public events;
• customer service;
• telecommunications, mail and transit system;
• education, science and culture;
• technical and design documentation;
• health care and sports;
• records management, paperflow, correspondence and reporting.

According to the Law, the Ukrainian language is to be used in all the above areas.

Dear Customers, Partners and Applicants, please be advised that on 12 June 2019 the Cabinet of Ministers of Ukraine approved its Resolution No. 496, whereby the official fees related to the protection of intellectual property — trademarks, patents, utility models, industrial designs, copyrights, etc. — are to boost two to four times.

The increased fees will become effective 30 days after the publication of the text of the said Regulation — starting from 14 July 2019.

The official fees related to the trademarks will increase more than others. In particular, the tradermark official filing fee fee and the publication fee will amount to 3200 UAH (128 EUR) and 600 UAH (24 EUR) per each class respectively.

The Resolution will also affect the official fees related to the registration of assigns and licenses. In particular, such fees for trademarks, patents, utility models, industrial designs will amount 2400 UAH (96 EUR).