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EU-UA: European Commission noted closer collaboration of the Ukrainian IP Office with WIPO and EUIPO in Enlargement Package Report

The European Commission noted some level of Ukraine’s preparation in the field of intellectual property law, as well as starting publishing by the Ukrainian IP Office consolidated data on IP enforcement.

This is stated in European Commission Report on Ukraine's Progress in the framework of the European Union's Enlargement Package 2024, published on October 30, 2024.

The Report emphasizes that the National Intellectual Property Authority (Ukrainian IP Office) has developed a closer collaboration with the World Intellectual Property Organization (WIPO), as well as with the European Union Intellectual Property Office (EUIPO), with which it works on the basis of the Work Plan signed in October 2023.

The IP Office is also actively involved in the EU projects, including the EU-funded EU4IP project since March 2024.

The European Commission noted that Ukraine has taken some steps to implement the recommendations from the 2023 Report as part of the Enlargement Package. At the same time, the main recommendations remain relevant for the next period.

Ukraine, in particular, has to:

  • continue to adapt to EU legislation on copyright and related rights, industrial property and trade secrets;
     
  • improve the functioning of collective management organizations and the payment of royalties to rights holders;
     
  • continue to improve the system of industrial property rights protection, in particular by combating piracy and counterfeit products, ensuring the functioning of the Intellectual Property Court and strengthening cooperation with the EUIPO.

With regard to the national legislation amendments, the European Commission drew attention to the bylaws adopted to implement the provisions of the Law of Ukraine “On Copyright and Related Rights” adopted on December 1, 2022, and noted the need for further alignment with the EU acquis in particular regarding the term of protection for copyright and related rights, the distribution of a fair remuneration between performers and producers of phonograms, the reproduction right and the rights of the broadcasting organizations.

At the same time, the European Commission emphasized the need to improve legislation on industrial property, in particular:

  • alignment of the Law on patents and some of its implementing rules, including on the patentability;
  • alignment of Ukraine’s trademarks legislation with the EU acquis;
  • legislative changes to align with the trade secrets directive.

With regard to the IP rights enforcement, the European Commission stated that the shortcomings vis-à-vis combating piracy and counterfeit products remain unaddressed. At the judicial level the IP Court remains non-operational, pending decision to restart competitions for filling the vacant positions of its judges.

Since the Report covers the period from June 15, 2023 to September 1, 2024, it does not reflect one of the key bylaws in the IP sphere - the Rules for Registration of Trademarks and the Rules for Registration of Inventions (Utility Models), which are aimed at implementing EU standards. This was emphasized by Olena Orliuk, Director of the IP Office, noting:

“The IP Office makes great efforts to develop the intellectual property field and its legal support. The next year will be devoted to the active development of IP legislation and its harmonization with the EU acquis as gaining the full membership in the EU is a strategic goal of Ukraine. And work on improving the legislation has already begun. The full scope of work in this area will be known after bilateral meetings with the European Commission in December 2024.”

For information

This report covers the period from June 15, 2023 to September 1, 2024. It is based on data from a variety of sources, including materials from the Government of Ukraine, EU Member States, reports from the European Parliament, and information from various international and non-governmental organizations. It also includes the results of comparative assessments and indices prepared by other stakeholders, particularly in the area of the rule of law.

The report uses the following grading scale to describe the state of play: early stage, some level of preparation, medium level of preparation, good level of preparation, and high level of preparation.

The following scale is used to describe the progress made during the reporting period: regression, no progress, limited progress, some progress, good progress and very good progress where appropriate, intermediate steps are also used.

 

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01 November 2024