On June 16, 2020, the parliament of Ukraine adopted a law establishing the National Intellectual Property Authority.
Thus, the 4-year period of institutional reform of the sphere of intellectual property in Ukraine ends. The creation of the National IP Agency was part of Ukraine’s obligations under the Association Agreement with the EU.
A two-level system of market regulation will replace a three-level in Ukraine. The Ministry of Economic Development remains the regulator and will continue to ensure the formation and implementation of state policy in the field of intellectual property.
The functions of the National Intellectual Property Authority will be the acceptance of applications for the registration of intellectual property rights objects, examination, registration and maintenance of registries, certification of patent attorneys, international cooperation, etc.
IP Office will also include the Appeals Chamber, a collegial body to consider objections to decisions of the IP Agency on obtaining rights to intellectual property, applications for cancellation of rights to intellectual property objects, applications for recognition of a trademark well-known in Ukraine.
The head of the National Intellectual Property Authority will be appointed by the Ministry of Economic Development based on the results of an open competitive examination.
Supervisory Board will control the activities and results of the National Authority.
Within three months after publication, the Cabinet of Ministers should determine the state organization on the basis of which the National Intellectual Property Authority will be formed – most likely, it will become the State Enterprise “Ukrainian Institute of Intellectual Property” (Ukrpatent). After six months, all legal acts should be brought into line with the new law.