– There is no special law for the protection of computer software.
– Computer software is protected as literary works, irrespective of the method and form of its presentation.
– Computer software is protected by the Law of Ukraine No. 2811-IX of December 1, 2022 on Copyright and Related Rights, in the version of April 15, 2023, and Regulations on the State Registration of Copyright and Copyright Agreements of December 27, 2001.

Registration: possible, but not compulsory. 

Author: a physical person whose creative work has resulted in making of the computer program. 

Co-authors: physical persons whose joint creative work has resulted in making of the computer program. 

Foreigners: must appoint a representative in Ukraine. 

Definition of computer program: a set of instructions in the form of words, digits, codes, schemes, symbols or in any other form readable by a computer (desktop computer, laptop, smartphone, game console, smart TV, etc.) that translate it into an action to achieve a certain goal or result, in particular, an operating system, an application program expressed in source or object codes. Protection of a computer program extends to computer programs expressed in source or object code, provided they are original. Protection is provided for the form of expression of the computer program. A graphical user interface, a set of executable functions, a format of data files used by a computer program to operate its functions are not forms of expression of a computer program. Ideas and principles on which any element of the computer program is based, including those on which its interface is based, logical schemes, algorithms and programming languages shall not be protected by copyright.

Filing Office: Ukrainian National Office for Intellectual Property and Innovations (UANIPIO).

Filing requirements for an application (to be sent to resident patent attorney):
1. Power of attorney (no legalization required);
2. Request for the registration indicative of a right owner and an author/co-authors, their residence (may be signed by a representative);
3. Deposited materials should include user instructions and a copy of the computer program in the form of the initial text (fragments of this text) sufficient to identify the computer program. The text fragments are chosen by the applicant at his sole discretion;
4. Document (if any) certifying the fact and date of making available of the computer program.
According to legal practice, an application for registration of a copyright to a work made for hire shall contain a civil agreement (e.g. agreement on allocation of property rights to a work, etc.) with the following attachments:
– 1. Duly certified copy of an employment agreement (contract) concluded with an employee and/or of a service assignment, etc.;
– 2. Act of provided services in respect of the creation of such work if such act is an integral part of the civil agreement and an administrative order (if any) on employees involved in the creation of such work.

Examination: only formal examination; examination of the work itself or establishment of authorship is not provided.

Registration: the NIPO examines the application for the registration of computer program during one month. If the application meets the prescribed requirements, the applicant is forwarded a decision on the registration of the computer program. The applicant has three months to pay the official registration fee. Based on the decision on the registration and payment of the official fee, the NIPO enters information about the registration in the State Register of Copyright Certificates. 

Publication: information on the registration of a computer program is published in the Official Bulletin. 

Duration: during the author’s life and seventy years after death of an author of a computer program.

Annuities: there are no annuities, only registration fees.

Infringement and penalties: the law provides for fines imposed on an infringer and penal sanctions, such as hard labor and imprisonment if actions constituting infringement of rights are committed repeatedly or result in considerable damages. At the owner’s request, infringements of the rights to computer software shall be barred, and the infringer shall compensate the owner for damages. The court has the right to issue a decision on: (1) compensation for moral (non-property) damage caused as a result of copyright infringement, with determination of the amount of compensation; (2) compensation for damages caused as result of copyright infringement; (3) recovery from the infringer of copyright and/or related rights of the income received as a result of the infringement; (4) recovery of compensation (one-time monetary penalty), determined by the court instead of compensation for damages or collection of income at the discretion of the subject of copyright in the amount of 2 to 200 subsistence minimums for able-bodied persons or as a fixed doubled amount, and in case of intentional violation, as a tripled amount of remuneration that would have been paid for granting permission to use a copyright object over which a dispute arose. The amount of compensation must be effective, proportionate and deterrent, aimed at restoring the infringed rights and applied in such a way as to avoid creating obstacles to the user's legitimate activities and at the same time ensure protection against user abuse. When determining the amount of compensation, the court takes into consideration the duration and systematicity of the infringement, the scope of the infringement (in particular, considering the coverage territory), infringer's area of business and intentions, guilt and its forms, as well as other objective circumstances; (5) stopping and prohibiting publication of works, seizure (confiscation) of pirated copies of works, as well as equipment and materials intended for their production and reproduction, publication in the press of information about the infringement, etc., if during the court proceedings the fact of copyright infringement or the fact of actions that create a threat of infringement of such rights is proved. By a court decision, the seized pirated copies of copyright objects, at the request of a person who is the subject of copyright or the subject of related rights and whose rights have been infringed, may be transferred to that person. If this person does not demand such a transfer, the pirated copies are subject to destruction at the expense of the infringer, and the materials and equipment used to reproduce the pirated copies are subject to alienation with the proceeds transferred to the state budget. The court may decide to impose a fine on the infringer in the amount of 10% of the amount awarded by the court in favor of the plaintiff. The amount of fines shall be transferred to the state budget under the established procedure.