Industrial Designs Law in Ukraine
In Ukraine, industrial design protection is governed by the Law of Ukraine No. 3688-XII on Protection of Rights to Industrial Designs, which has undergone significant amendments to align with European Union standards. The Ukrainian Institute of Industrial Property (Ukrpatent) is the authority responsible for administering industrial design registrations.
🛡️ What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing its shape, configuration, pattern, ornamentation, or any combination thereof. To qualify for protection, the design must be:
Novel: The design must not have been disclosed to the public before the filing date or priority date
Possess Individual Character: The overall impression it produces on an informed user must differ from any other design made available to the public before the filing or priority date. (
📝 Registration Process
Application Submission: File an application with Ukrpatent, including representations of the design (drawings or photographs) and a description of the product to which the design is applied
Formal Examination: Ukrpatent conducts a formal examination to ensure compliance with legal requirements. Notably, Ukraine does not perform substantive examinations regarding novelty or individual character; these are assessed during potential invalidation proceedings.
Publication and Opposition: Upon successful examination, the design is published in the Ukrpatent Journal. Third parties have a specified period to file oppositions against the registration.
Registration and Protection: If no oppositions are filed or are unsuccessful, the design is registered, granting the holder exclusive rights to exploit the design commercially within Ukraine.
⏳ Duration and Renewal
Initial Term: 5 years from the filing date.
Renewals: The registration can be renewed for up to four additional 5-year periods, totaling a maximum protection term of 25 years.
Renewal requests must be submitted no later than six months prior to the expiration of the protection period. (Frishberg & Partners)
🌐 International Protection via the Hague System
Ukraine is a member of the Hague System for the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This system allows designers to obtain protection in multiple countries by filing a single international application. Ukrainian designers and businesses can seek protection of their designs in any of the 99 member countries of the Hague System.
⚖️ Enforcement and Legal Remedies
The holder of a registered industrial design in Ukraine has the exclusive right to prevent third parties from using the design without consent. In case of infringement, the holder can initiate legal actions, including:
Civil Proceedings: Seeking injunctions, damages, or account of profits.
Criminal Proceedings: In cases of willful infringement.
Invalidation Actions: Challenging the validity of a registered design before Ukrpatent.
📌 Practical Considerations
Representation: Foreign applicants must appoint a registered patent attorney in Ukraine to represent them before Ukrpatent.
Language: All documents submitted must be in Ukrainian or accompanied by a certified translation.
Fees: Applicants should be aware of the official fees for registration and renewal, as well as professional fees for legal representation.
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