Reform of intellectual property rights protection in Ukraine and its enforcement has been fairly sluggish. Western countries, including the US, have been pressing Ukraine for years.
Ukraine has been going through major reforms recently covering various branches of law, ranging from the administration of justice and its system of law-enforcement authorities to tax legislation and customs regulations. The protection of intellectual property rights stands out vividly against this background, but rather than providing an example of successful reforms, it remains one of those areas that undeservedly receive little attention from legislators.
Ukraine keeps on fulfilling its commitments to carry out intellectual property reform in accordance with the Association Agreement between Ukraine on the one part, and the European Union, the European Atomic Energy Community and their member states on the other part (hereinafter — the Association Agreement).
Within the last year, Ukraine has taken a lot of measures to limit the possibility of abuse of law. Starting with changes to procedural codes and ending with legislation on intellectual property. As lawyers of big Ukrainian and international companies, we believe that such improvements benefit the conducting of fair business, which has a legal position and hopes to restore infringed rights as soon as possible.
The establishment of a specialised High Intellectual Property Court of Ukraine has often been viewed as an effective way of improving the IP enforcement system. It was received positively by Ukrainian legal professionals and by the academic community and is expected to become an effective and valuable tool for IP rights holders.
AVELLUM — legal counsel to BSTDB
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AVELLUM advised EBRD
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The protection of intellectual property rights has always been one of the pillars of credible and reliable jurisdiction. The ongoing reform of subsequent institutions in Ukraine and delays in establishing a special IP court are accompanied by the so-called “turbo regime” in selective lawmaking. Victoria Sopilnyak, partner of Doubinsky & Osharova, explains why recent initiatives provoked such a lively discussion among stakeholders, and what the threats to proper patent protection in Ukraine are.
The Action Plan for implementing the Strategy of Infrastructure Project Lifecycle Management Reform in Ukraine for 2020-2024 envisages changes to the preparation of investment projects. At present there is no uniform approach at state level to prepare investment projects implemented out of various sources of financing, such as: own funds of enterprises, loans from international financial institutions and other loan resources, funds from the State Budget, state aid as well as private investors.
Over recent weeks the UJBL team has monitored the most important legislative initiatives, from the considerable recently adopted in the first reading Draft Law On Financial Leasing to the widely discussed and necessary Law On Support of Taxpayers for the Period of Measures to Prevent the Occurrence and Spread of the Coronavirus Disease (COVID-19). Other important initiatives include several drafts in the public procurement field, drafts that may finally regulate lobbying in Ukraine. We’ve invited legal experts to share their viewpoints in commentaries below.