Dialogue on Intellectual Property Rights

The Ukrainian Party and European Party started a Dialogue on Intellectual Property Rights between the European Commission and Ukraine to address IP issues of mutual interest to the parties in 2006. The dialogue is a part of the broader cooperation between the European Commission and Ukraine in accordance with the European Neighbourhood Policy Action Plan.

The sessions cover the development of IP legislation in Ukraine; law enforcement; legal protection of geographical indications; collective management in the field of copyright and related rights; protection of IP rights; combating IP offenses; provision of technical assistance from the EU; compulsory licensing and patent communication.

The Dialogue is complemented by ad hoc meetings at the expert level, which are held on demand.

The functioning of the Dialogue on Intellectual Property Rights is also provided for by Title IV of the Association Agreement. The Dialogue operates in accordance with article 252 (3) of the Agreement to address the protection and enforcement of intellectual property rights, in particular those covered by Chapter 9, “Intellectual property”, Title IV of the agreement.

Also, for the proper implementation of the standards enshrined in the Directive 2004/48/EC and the EU Council Regulation EC 1383/2003 concerning customs actions; taking effective measures against counterfeiting and piracy and ensuring effective implementation of legislation and sanctions for violation of intellectual property rights; and strengthening coherent and comprehensive enforcement abilities on the level of state authorities (Administrative, Judicial and Executive bodies), in particular, the increase in the number of state inspectors at the State Department on intellectual property issues and improving the institutional capacity of the Ministry of internal Affairs to combat online piracy, the EU–Ukraine Association Agenda also provides for the continuation of the Dialogue.

Since the establishment of the Dialogue, 16 meetings have been held.

The latter took place in Kyiv on June 8, 2022 and June 20, 2022.

Website: Dialogue on Intellectual Property Rights

In order to ensure the rights of rights holders for fair remuneration and transparent activities of collective management organizations in accordance with international standards (Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2022 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market ) in July 2018, the Law of Ukraine “On Effective Management Of Proprietary Rights In Field Of Copyrights And/Or Associated Rights” entered into force (No. 2415-VIII of May 15, 2022).

To improve the process of issuing control marks, independent implementation by the owners of their rights to the objects of copyright and related control rights over the issuance of control marks, the Law on Amendments to Article 5 of the Law of Ukraine "On Distribution of Copies of Audiovisual Works, Phonograms, Videograms, Computers Programs, Databases" was adopted (No. 2514-VIII of 04.09.2021).

The Law of Ukraine on amending legislative acts “On Improving the Protection of the Rights to Semiconductor Integrated Circuits Layout Design” was adopted, which simplifies the conditions for obtaining and protecting the ownership of chip design for both large companies and citizens (No. 111-IX of 19.09.2021).

In order to ensure the fulfillment of Ukraine's obligations in the framework of European integration as regards harmonization of the requirements of the current legislation of Ukraine on the protection of geographical indications with European Union Law, the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on Improving the Legal Protection of Geographical Indications" (No. 123- IX dated 20.09.2021).

The following draft laws in the field of intellectual property are under consideration in Parliament:

“On Amendments to Certain Legislative Acts of Ukraine regarding the Establishment of a National Intellectual Property Agency”  (№ 2255 of 10.10.2021)

“On Amendments to Certain Legislative Acts of Ukraine regarding Strengthening Protection of Trademarks and Industrial Designs and Combating Patent Trolling”  (№ 2258 of 11.10.2021)

“On Amendments to Certain Legislative Acts of Ukraine (regarding the patent law reform)” ( № 2259 of 11.10.2021)

“On Amendments to Certain Legislative Acts of Ukraine on Acquisition, Implementation and Protection of Intellectual Property Rights” (№ 2659 of 20.12.2021) to ensure an effective legal mechanism for the acquisition, implementation and protection of intellectual property rights in Ukraine, capable of ensuring a reasonable balance of the rights and legitimate interests of the creators of intellectual property rights, other rights holders, persons engaged in the use of these objects, which will promote the development of creative activities in the literary, scientific, technical and other fields and the commercialization of the results of such activities.

"On Improvement of the State System of Legal Protection of Intellectual Property" (№ 2255-1 of 29.10.2021).