Industrial Design Protection in Ukraine – Key Filing Requirements and Process Overview
A design in Ukraine refers to the appearance of a product or its part, determined by the product's lines, contours, colors, shape, texture, and/or materials and/or its surface treatment. The design should be novel and unique. The UANIPIO conducts only a formal examination for designs. UANIPIO accepts multiple designs under the same Locarno Class, up to 100, and the applicant and creator of these multiple designs must be the same individual.
Authority:
- The Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) , https://nipo.gov.ua/
Duration of Protection:
- The initial term is 5 years from filing date and may be renewed in 5-year increments up to a total of 25 years.
Filing Deadline:
- A priority under the Paris Convention must be claimed and the Ukrainian application filed within 6 months of the earliest priority date.
Required Documents:
- Representations (e.g., drawings or photographs) of the design
- Brief description of the design
- Power of Attorney
- Certified copy of priority document together with the Ukrainian translation (if any)
- Ownership Statement/Employment Statement/Priority transfer
If a priority claim is made, the priority document must be filed within 3 months from the filing date.
While applications may initially be filed in any language, a Ukrainian-language translation must be submitted within 2 months of filing.
Process & Procedure:
- The industrial design application fee must be paid within 2 months from the filing date. This period may be extended, but shall not exceed 6 months, provided that the extension request has been filed and the extension fee has been paid before the expiry of the original time limit.
- The industrial design application must be written in Ukrainian; if the application is filed in another language, the applicant must submit a Ukrainian translation within 2 months from the filing date.
- Within 6 months from the filing date, the applicant has the right to claim priority for the same industrial design.
- Industrial designs that have been used in exhibits displayed at official or officially recognized international exhibitions held in a Paris Convention or WTO member country may claim exhibition priority.
- The applicant must submit the priority document no later than 3 months from the filing date.
- For any Notification of Correction issued by UANIPIO, the applicant must respond within 2 months from the issuance date.
- If the industrial design contains more than 100 designs or does not belong to the same Locarno class, the applicant must file a divisional application within 3 months from the date of receipt of the UANIPIO notification.
Grace Period for Novelty:
- UANIPIO allows a 12-month grace period, if the design was disclosed by the designer - or by a person who directly or indirectly obtained the information from the designer - within the 12 months before filing (or priority date), the novelty requirement is not automatically lost.
Grant, Renewal, and Maintenance:
- Maintenance/annuity fees must be paid each year. If payment is made within the 6-month grace period after the due date, a 50% surcharge applies.
Granting Time:
- Under normal circumstances, registration of an industrial design in Ukraine typically takes about 12-18 months (though smoother filings can complete in 7-9 months).
Conclustion:
Ukraine offers a relatively streamlined formal-only examination route for industrial designs. The major focus is on correct submission and timely fulfilment of translation, priority and fee obligations. Applicants who adhere to formal requirements and monitor deadlines can secure protection for up to 25 years, subject to annuity payments.