(WIPO code: UA) (last revised January 2024)

by PAKHARENKO & PARTNERS, Kyiv – Mrs. A. Pakharenko-Anderson

General Information

Area

603,628 sq. km.

Population

31,192,000 (estimated October 2023, not taking into account the occupied territories). According to the UN estimates, there are 6.2 million Ukrainian refugees officially registered in the world as of August 15, 2023.

Capital

Kyiv with 2,952,301 inhabitants (estimated January 2022).

Languages

Ukrainian (official), Russian.

Currency

Hryvnia (UAH).

General Remarks

Ukraine is a country in central-eastern Europe and the second largest country in Europe after Russia. Ukraine became an independent State in August 1991 after the split of the USSR. Ukraine is a parliamentary-presidential republic with a democratic form of government headed by a president.

Ukraine is rich in fertile soils and natural resources and has a developed economy with both significant agricultural, industrial and scientific sectors. The primary industries are engineering industry, metallurgy, shipbuilding, aircraft construction, chemical and pharmaceutical industries and others.

Formation of the intellectual property protection system dates back to the declaration of independence in 1991. In 1992, the Ukrainian Patent Office was founded. In a year the first intellectual property laws were adopted. Since May 2017 the functions of the State Intellectual Property Service of Ukraine (which has been abolished) / Ukrainian Patent Office, have been assumed by the Ministry of Economic Development and Trade of Ukraine (current name is Ministry for Development of Economy, Trade and Agriculture of Ukraine) within the reform of the IPR protection system launched in 2015. Further institutional changes in the State management in the field of intellectual property are under way. Currently, the system of institutions responsible for the protection of intellectual property rights is comprised of the Ministry for Development of Economy, Trade and Agriculture of Ukraine, the National Intellectual Property Authority (NIPA), the Ministry of Agrarian Policy and Food of Ukraine (the Ukrainian Plant Varieties Office), the Ukrainian Institute of Plant Variety Examination (the Ukrainian Testing Authority).

Due to changes in the state intellectual property system, from November 8, 2022 the "Ukrainian National Office for Intellectual Property and Innovations" (UANIPIO) is designated as the entity performing the functions of a National Intellectual Property Office (hereinafter NIPO) and the performance of these functions by the State Enterprise "Ukrainian Intellectual Property Institute" (Ukrpatent) is terminated.

According to the new law, the terms for acquisition and protection of IPRs are suspended during martial law in Ukraine, including the deadlines for the following actions:
– renewal/reinstatement of IPRs;
– oppositions;
– challenging the decisions of the Ukrpatent in court or before the Appeal Chamber;
– invalidating patents.

At the same time, since all the prosecution is maintained online, any reasons for missing a deadline should be well substantiated before the UANIPIO. Therefore, it is strongly recommended adhering to the deadlines, if possible (including filing the responses, claiming Paris Priority, PCT filing etc.).

Statistics (applications filed) 2020 2021 2022
Inventions (total) 3,180 3,395 2,760
– filed under the PCT 1,583 1,816 1,743
Utility models 5,284 4,424 2,378
Industrial designs 2,026 1,838 819
Trademarks (total) 35,539 39,315 23,014
– under the Madrid Agreement 7,644 7,964 6,919