Ukraine has developed a comprehensive legal framework that aligns with international standards, including Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Madrid Agreement and Protocol concerning the International Registration of Marks.
Legal framework
Article 54 of the Constitution of Ukraine guarantees freedom of literary, artistic, scientific and technical creativity, as well as the protection of intellectual property, including the author’s moral and material rights arising from all types of intellectual activity. This constitutional provision establishes the general legal basis for the protection of both intellectual and industrial property in Ukraine.
The Ukrainian system of intellectual property protection covers two interrelated areas: copyright and related rights on the one hand, and industrial property rights on the other. Copyright in Ukraine forms part of civil law and is regulated by the Civil Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights.” Additional regulation is provided by specialized acts, including the Law of Ukraine “On the Distribution of Copies of Audiovisual Works, Phonograms, Videograms, Computer Programs and Databases,” the Law “On Television and Radio Broadcasting,” and the Law “On Cinematography.”
Industrial property rights are governed by specific legislation, including the Law of Ukraine “On Protection of Rights to Inventions and Utility Models,” the Law “On Protection of Rights to Industrial Designs,” the Law “On Protection of Rights to Marks for Goods and Services,” and the Law “On Legal Protection of Geographical Indications.”
Registration of Trademarks
Foreign companies seeking to enter the Ukrainian market or protect their brand locally can register a trademark through the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) – the official body responsible for IP rights registration. The process is straightforward, internationally recognized, and aligned with EU standards. Foreign applicants have two main options: to file a national trademark application directly in Ukraine, or to extend an existing international registration to Ukraine through the Madrid System.
With the first method, a company without a registered office in Ukraine must appoint a local patent or trademark attorney authorized to represent it before UANIPIO. The application can be filed electronically or on paper and must contain:
- the applicant’s details (including country of incorporation),
- a clear image/ description of the mark,
- a list of goods and services under the Nice Classification, and
- proof of payment of official fees.
After submission, the application undergoes formal examination, followed by substantive examination, where experts assess whether the mark is distinctive and non-conflicting with earlier registered marks.
If approved, UANIPIO issues a decision on registration, and upon payment of the registration and publication fees, the mark is entered into the State Register of Certificates for Marks for Goods and Services. The applicant then receives an official certificate of registration valid for 10 years, renewable indefinitely. This route is often preferred by companies planning direct commercial operations or manufacturing in Ukraine, as it provides a clear legal title recognized by Ukrainian courts and customs authorities.
Ukraine is a member of both the Madrid Agreement (1891) and the Madrid Protocol (1989). This means that businesses from other WIPO member states, as Italy, can protect their trademarks in Ukraine without filing separately in the country.
The applicant designates “Ukraine” when filing or extending an international application via WIPO. UANIPIO then examines the designation according to Ukrainian law. If approved, the protection of the international registration in Ukraine has the same legal force as a national registration. This path is particularly efficient for exporters, e-commerce companies, and multinational groups already managing global brand portfolios.
Industrial Property in Ukraine
Ukraine offers a reliable and increasingly harmonized system for protecting industrial property – including inventions, utility models, industrial designs, and trademarks – administered by the UANIPIO. For foreign businesses, the process is straightforward and aligned with international frameworks such as the PCT (Patent Cooperation Treaty) for inventions, the Hague System for industrial designs, and the Madrid System for trademarks. Foreign applicants may file directly with UANIPIO or extend protection through these international systems, usually acting via a local patent or trademark attorney authorized to represent them before the Ukrainian IP office.
Choosing between international or national filing depends on business goals: companies seeking wide regional protection or export coverage typically prefer the PCT or Hague route, while those planning local production, licensing, or partnerships in Ukraine benefit from direct national registration for faster recognition and enforcement.
In recent years, Ukraine has undertaken significant reforms to modernize and simplify the protection of patent rights, bringing its legal framework closer to EU standards and international best practices. On 25 October 2024, Ukraine introduced new Rules for registering inventions and utility. The update modernizes the patent system by introducing electronic filing, clearer application requirements, and priority examination in key sectors such as green energy, biotechnology, and defense. The Rules also add a sanctions check for applicants, regulate international and secret applications, and allow supplementary protection certificates for pharmaceutical and agrochemical inventions.
Recent legal reforms also have introduced business-friendly measures such as the Bolar exemption, allowing pharmaceutical firms to conduct testing and prepare regulatory submissions for generic drugs before a patent expires, aligning Ukraine with EU Directive 2004/27/EC. Additionally, companies affected by the wartime suspension of IP deadlines can benefit from restoration procedures implemented by UANIPIO to recover missed renewal or filing terms.
Practical considerations for foreign businesses
Trademark protection in Ukraine follows the first-to-file principle, meaning rights belong to the first entity that files an application, regardless of who used the mark earlier. For this reason, early filing is critical to prevent local competitors or distributors from registering the brand. Foreign companies should also record their registered marks with the Ukrainian Customs IP Register, which enables customs authorities to block counterfeit or infringing imports at the border.
Dario Gorji Varnosfaderani and Eliza Cherepanova