Author: Viktoriia Staryk, lawyer at F&P
In 2025, Ukrainian businesses are actively expanding into international markets, and intellectual property (IP) has become a key asset in global competition. Given recent legislative updates and geopolitical challenges, effective IP protection is critically important for the sustainable development of companies.
Key Changes in Ukrainian Legislation
Ukraine continues to harmonize its IP legislation with European standards:
- New Law on Copyright and Related Rights (entered into force on January 1, 2023) improved the regulation of moral and economic rights, introduced effective resale rights provisions, and strengthened administrative and criminal liability for copyright violations.
- Changes in Trademark Registration Procedures (since September 18, 2024) now allow registration of non-traditional marks, such as sound, 3D, multimedia, motion, and holographic signs, aligning Ukrainian laws more closely with European norms.
- Electronic Certificates: Since January 2025, the Ukrainian National Office of Intellectual Property and Innovation (UANIPIO) issues all certificates exclusively in electronic format, streamlining procedures and reducing administrative burdens.
Entering International Markets: What to Consider
Ukrainian companies planning to enter foreign markets should take the following into account:
- International Trademark Registration: Ukraine is a member of the Madrid System, allowing trademarks to be registered in over 120 countries through a single application.
- Copyright Protection: Ukrainian legislation supports international copyright protection, particularly through participation in global treaties and conventions.
- EU Regulation on Geographical Indications (2024): opens the door for Ukrainian producers to register unique artisanal or industrial products—such as “Volyn carving” or “Podilian ceramics”—for European markets.
- PCT (Patent Cooperation Treaty) Procedure: allows for submission of international patent applications covering up to 157 countries, followed by national phase registration.
- Electronic Patents in Ukraine: starting in 2025, all patents and certificates are issued only in electronic form. This accelerates the registration process, ensures easier access to documents, and facilitates use in international digital workflows.
- Preliminary Brand and Technology Search: Before entering a new market, it’s crucial to ensure that your trademark or invention does not infringe on third-party rights—this helps avoid legal disputes and court cases.
- Adaptation to Foreign Legal Norms: Some jurisdictions require contract localization, licensing agreements, or additional IP rights registration—even if already protected in Ukraine.
Challenges and Risks
Despite positive legislative developments, several challenges remain:
- Abuse During Martial Law Temporary suspension of IP deadlines during martial law has led to misuse, particularly in patent law, causing legal uncertainty.
- Weak Protection in Certain Jurisdictions: Some countries lack robust IP enforcement systems, which may lead to infringement of Ukrainian companies’ rights.
- Cyber Threats: There is a growing number of cyberattacks targeting the theft of trade secrets and other IP assets.
Contact Us
Don’t delay protecting your intellectual property. Contact Fedoryshyn & Partners today to ensure reliable protection of your rights on the international stage.
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