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IP objects
General information IP objects
 

INTELLECTUAL PROPERTY OBJECTS

Patents, Trademarks, Designs, Domains, Copyright.

Patents/ Utility Models
LEGAL BASIS
•    Civil code of Ukraine, in force since January 1, 2004.
•    Law of the Ukraine on Protection of the Rights for Inventions and Utility Models, in force since July 1, 1994.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
•    Paris Convention, as of December 25, 1991.
•    Patent Cooperation Treaty, as of December 25, 1991.
•    Budapest Treaty, as of July 2, 1997.
•    Patent Law Treaty, as of April 28, 2005.
•    Strasbourg Agreement, as of April 7, 2010.
MINIMAL FILING REQUIREMENTS
•    Power of Attorney (no notarization or legalization);
•    Applicant data: full name/title of the applicant (name and legal address for legal entities; full name and place of residence for natural persons;
•    Name, address and occupation of the inventor;
•    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);
•    Priority document, if any (to be filed within three months from the filing date).
The national phase of PCT:
•    Power of Attorney (no notarization or legalization);
•    Copy of the international publication with the international search report;
•    Copy of the international preliminary examination report (if available);
•    Copies of the PCT/IB/332 form + PCT/IPEA/402 (if available);
•    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).

REMARKS
Scope of protection: Patent protection may be given to inventions in any field of technology, provided they are new, involve an inventive step and be industrially applicable. Novelty is absolute (subject to declarative patents, for which local novelty is only needed ).The subject of an invention can be equipment, process, material. An invention can be protected as utility model, if it is new and industrially applicable. Ascompared to patents, no inventive step is necessary.
Exclusive right: the exclusive right of the patentee includes the import of patented products and of products made according to the patented process, as well as the export of the patented product. It includes also the exclusive right of the owner of a utility model patent, which is the same with that of the patentee as concerns the protected products.
Duration of protection: inventions are protected for a period of 20 years, subject to “Declarative Patent for an invention”, only protected for 6 years. The protection of inventions can be extended only for patent which subject matter is remedy, means for protection of animals or plants, not more than 5 years. Utility models are only protected, by a “declarative patent”, for a period of 10 years.
Annuities: accumulated and due after the grant of the patent; subsequent annuities are payable after the anniversary of the filing date.
Transfer and licenses: an industrial property rights on patents and utility models can be transferred and licensed. Expropriations for public interest or national security are possible. Compulsory licenses are possible, under certain conditions.
Opposition: possible, before court only.
Registration term: invention - approximately 2 years; utility model – approximately 8 months. There are legal ways to accelerate the procedure.
National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.

Trademarks
LEGAL BASIS
•    Civil code of Ukraine, in force since January 1, 2004.
•    Law of the Ukraine on Protection of Rights relating to Trademarks and Service Marks, in force since July 1.
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.
•    Trademark Law Treaty, as of August 1, 1996.
•    Nairobi Treaty, as of December 20, 1998.
•    Nice Agreement, as of December 29, 2000.
•    Vienna Agreement, as of July 29, 2009.
MINIMAL FILING REQUIREMENTS
•    Power of Attorney (no notarization or legalization);
•    Applicant data: name, country of incorporation and address of the applicant (applicants);
•    At least one representation of the mark (in color if claimed);
•    List of goods and/or services;
•    Priority document (if the priority is claimed, to be filed within three months from the filing date).

REMARKS
Scope of protection: a registrable trademark is any sign or combination of signs which is capable of being represented graphically and consists of letters, words, numerals or designs or is threedimensional, provided that such signs distinguish the goods or services of one natural or legal person from those of others. Sounds, light signals and colors can be protected.
Exclusive right: the exclusive right of the trademark owner is given against use of identical or confusingly similar signs for the same or similar goods or services. The owner of a well-known mark can prohibit the use of the trademark in relation to identical or similar or other goods or services. The acts constituting use of the trademark include importation and exportation of goods under the trademark and use in advertising, internet etc.
Duration of protection: trademarks are protected for a period of 10 years and can be renewed for further 10 years period renewals without limitation.
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.
Registration term: the average term for all trademark registration procedures (examination, publication, etc.) is 1.5 – 2 years.  The examination can be accelerated.
Opposition: possible, before the Ukrainian Patent and Trademark Office.

Industrial Designs
LEGAL BASIS
•    Civil code of Ukraine, in force since January 1, 2004.
•    Law of the Ukraine on the Protection of the Industrial Design Rights, in force since July 1, 1994.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
•    Paris Convention, as of December 25, 1991.
•    Hague Agreement, as of August 28, 2002.
•    Locarno Agreement, as of July 7, 2009.
MINIMAL FILING REQUIREMENTS
•    Power of Attorney (no notarization or legalization);
•    Applicant data: name, country of incorporation and address of the applicant(s), name, country of residence and address of the creator(s);
•    Set of images (photographs, drawings) of the industrial design, providing full and detailed views of its outward appearance;
•    Description of the industrial design, covering all its essential features;
•    Priority document, if any (to be filed within three months from the filing date).

REMARKS
Scope of protection: an industrial design is a two-or three-dimensional solution of the appearance of a product. Legal protection by registration is granted to industrial designs that are novel, have an individual character and enable to manufacture products of industry or handicraft. Novelty is absolute.
Exclusive right: the owner of the design and industrial model has the exclusive right to manufacture products according to the model and to distribute, sell, offer for sale or import, export and store for these purposes products which are manufactured according to the registered model.
Duration - renewals: after formal and novelty examination: 10 years from the filing date. Renewable for one additional period of 5 years.
Registration term: approximately 3-4 months, but there are legal ways to accelerate the procedure.
Opposition: possible, before the court only.

Domain Names
LEGAL BASIS
•    There is no specific legislation although some regulations on the organization and management of country code top-level domain names (.UA domain Policy) do exist.
FILING
•    ccTLD: .ua
•    Applicant: individuals and legal entities.
•    Local Presence: not required.

REMARKS
Registration features: Under current .UA domain Policy, domain names like firm.ua are delegated only to proper owners of trademarks. Thus, to obtain .UA domain name you must have:
-    An international registration of a trademark under the Madrid System for the International Registration of Marks acting in Ukraine (abbreviation "UA" must be in the field 831 DESIGNATIONS);
-    A Certificate of Ukraine for the trademark or service mark issued by the Ukrainian Patent and Trademark Office;
-    Trademark assignment or license (if the registrant is not a certificate owner).
Registration term: from 1 to 2 weeks.
Duration - renewals: from 1 to 10  years.
Uniform dispute resolution procedure: none.

Copyright and Neighbouring Rights
LEGAL BASIS
•    Civil code of Ukraine, in force since January 1, 2004.
•    Law of the Ukraine on Copyright and Neighbouring Rights, in force since December  23, 1993.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
•    Berne Convention, as of October 25, 1995.
•    Phonograms Convention, as of February 18, 2000.
•    Rome Convention, as of June 12, 2002.
•    WIPO Copyright Treaty, as of March 6, 2002.
•    WIPO Performances and Phonograms Treaty, as of May 20, 2002.
•    TRIPS, as of May 16, 2008.
MINIMAL FILING REQUIREMENTS
•    Power of Attorney (no notarization or legalization);
•    Applicant data;
•    one work’s specimen in a material form e.g. musical work noted in music or presented in audio/video form; photos, pictures, maps, plans etc printed or presented as computer file; computer programs in their initial form;
•    confirmatory document about case and date of publication (if any).

REMARKS
Conditions for application of protection: Enjoyment and exercise of copyright and neighbouring rights do not require the compliance with any formalities. Where a copyright or neighbouring rights notice (© or (P)) is affixed on a work or object of neighbouring rights, a reversion of the burden of proof to the benefit of the right owner will apply. Copyright registration is not mandatory and is exercised at the will of the author or the owner of rights. However, if any disputes arise concerning the identification of authorhip, the fact of registration is a powerful tool to be used by the author/owner of rights.
Subject matter of protection: Copyright protection extends to scientific, literary and artistic works including computer programs and databases. The non-exhaustive enumeration of categories of works in Article 8 of the Copyright Law corresponds, in essence, to the catalogue of works listed in Article 2(1) Berne Convention. Neighbouring rights protection is enjoyed by performers, producers of phonograms and videograms as well as broadcasting organisations.
Registration term: the copyright registration procedure in Ukraine takes up to 2-3 months.
Duration of protection: As a general rule, works are protected for a period of 70 years, subject matter of neighbouring rights for 50 years. Exceptions to the general rule of 50 years exist for the protection of publishers who enjoy protection for 25 years in case of publication of unpublished public domain works. Moral rights are perpetual.

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