Fedorova & Partners - Intellectual Property Specialists

IP LAW IN UKRAINE

INTELLECTUAL PROPERTY (IP) LEGAL FRAMEWORK IN UKRAINE

Group of IP subject-matter	IP subject-matter	Subject-matter of legal protection	Protectability	Title of protection	Term of legal protection
Commercial designation	Trade mark (service mark)	Any designation (letters, words, numbers, figurative elements, combinations of colors) or any combination of designations appropriate for destinguishing goods and service.	Absence of contradictions with public policy or with principles of humanity and morality; Absence of legal grounds for denial for protection in accordance with law.	Certificate	10 years (term of protection can be extended)
Commercial designation	Indication of origin of goods	Name of geographical place used for goods designation	Indicate specific geographical place a good originated from; Absence of legal grounds for denial for protection in accordance with law	Certificate	10 years (term of protection can be perpetually extended every 10 years based on a legal proprietor's petition).
Subject-matter of scientific and technical creative work	Invention	Product; Process; New use of known product or process.	Novelty of the invention; Inventive step; Industrial applicability.	Patent	20 years (term of protection can be extended for 5 years, see explanation below)*
	Utility model	Product; Process; New use of known product or process.	Novelty of the invention; Industrial applicability.	Patent	10 years
	Industrial design	Creativeness in the field of industrial designs	Novelty of the invention.	Patent	10 years (term of protection can be extended for 5 years).
	Integrated circuit topography	Recorded on material object spatially-geometrical allocation of aggregate of integrated circuit's elements and their junctions	Originality.	Certificate	10 years.
	Sorts of plants	Trees and vine (grapes).	Novelty; Distinguishability; Homogeneity; Stability.	Patent	35 years.
	Sorts of plants	Other plants	Novelty; Distinguishability; Homogeneity; Stability.	Patent	30 years
	Breeds of animals	Selection achievement	Novelty; Homogeneity; Difference; Consolidation; Farming utility.	Patent	30 years.
Copyright and allied rights subject-matter	Copyright subjects	Literary work; Work of art; Computer program; Data compilation (database).	N/A	Certificate (Not required)	Author's lifetime and 70 years after author's death
Copyright and allied rights subject-matter	Allied rights subjects	Performance; Phonogram and videogram; Broadcast programs	N/A	Certificate (Not required)	50 years since first publication.
Domain names	Country-code top-level domain UA (cc TLD)	Yourname.UA	Prior trademark registration is required	N/A	1-2 years with further renewal**
Domain names	Subdomain sub.domain.ua	Yourname.domain.UA		N/A	1-2 years with further renewal**

* The term of the patent for an invention, the object of which is a drug, means for the protection of animals, means for the protection of plants and for the use of which a permission of the relevant authorized body is required, may be extended at the request of the owner of this patent for a period that is equal to the period between the date of filing of the application and the date of getting such a permission, but no more than for 5 years. The filing of a request is subject to the payment of the respective fee.
** Domain names are not subject-matters of IP law in Ukraine.