Ukraine Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in ukraine, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
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Protecting Intellectual Property
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Several general principles are important for effective protection of intellectual property (IP) rights in Ukraine. First, it is important to have an overall strategy to protect your IP.  Second, IP may be protected differently in Ukraine than in the United States. Third, rights must be registered and enforced in Ukraine under local laws. For example, your United States trademark or patent registrations will not be enforceable in Ukraine, without applying for such rights in Ukraine.

A patent for an invention may be obtained by filing a patent application with the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO/IP Office), which operates under the Ministry of Economy, Environment and Agriculture. Ukraine follows a “first-to-file” system, which means that the first person or entity to file a patent application is generally entitled to the patent rights. Trademark and industrial design protection can likewise be obtained by filing the appropriate applications with the IP Office. Similarly, these rights are also largely based on the first-to-file registration system. Therefore, you should consider securing patent, design, or trademark protection before introducing products or services into the Ukrainian market. Ideally, you should develop an IP strategy for the whole world before making your IP public in any country to avoid losing your rights outside the United States.

It is important for companies to understand that IP rights are primarily private rights and that the United States government cannot enforce these rights on behalf of private entities or individuals in Ukraine. Rights holders are responsible for registering, protecting, and enforcing their IP where appropriate. Companies may wish to seek advice from local legal counsel or IP consultants with expertise in Ukrainian law. While the United States government stands ready to assist, there is little that can be done if rights holders have not taken the fundamental steps necessary to secure and enforce their IP in a timely manner. Moreover, rights holders who delay enforcement may find that their claims are weakened or barred under legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a lawsuit.

In all commercial arrangements, it is advisable to conduct due diligence on potential business partners. A reliable partner can be an important ally in protecting IP rights. Consider carefully whether to permit your partner to register IP rights on your behalf. Doing so may create a risk that your partner will list itself as the owner of the IP and fail to transfer those rights if the partnership ends. When formalizing business relationships, work with legal counsel familiar with Ukrainian law to develop strong contractual agreements that include confidentiality and non-disclosure provisions. Such clauses are essential for safeguarding proprietary information and trade secrets from misappropriation.

Small and medium-sized enterprises should also recognize the benefits of working with trade associations and industry organizations to support IP protection efforts. There are a number of these industry organizations, both in the United States and Ukraine, including the American Chamber of Commerce in Ukraine.

IP Resources 

A wealth of information on protecting IP is freely available to United States rights holders. Some excellent resources for companies regarding IP issues, include the following:  
For information about the enforcement of patents, trademarks, or copyrights in the United States and in foreign countries, please call the STOP! Hotline at: 1-866-999-HALT.

For information about registering trademarks, obtaining designs or utility patents, in the United States or in foreign countries, please contact the U.S. Patent and Trademark Office at: 1-800-786-9199.

For more information about how to evaluate, and protect, and enforce intellectual property rights and how these rights may be important for your business, please visit the “Business Guide” section of the STOPfakes.gov, or please contact:

Stevan Mitchell, Director
Office of Standards and Intellectual Property Rights
International Trade Administration 
Email: stevan.mitchell@trade.gov
 

The U.S. Department of Commerce has positioned IP attaché offices in key markets around the world.  
For Ukraine, please contact Foreign Commercial Service (FCS) Kyiv: kyivfcsall@trade.gov
To access the Ukraine’s Investment Climate Statement, which includes information on the protection and enforcement of intellectual property rights, visit the U.S. Department of State Investment Climate Statement website.

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