The Cabinet of Ministers of Ukraine made changes to its Resolution “On approval of the Procedure for payment of fees for actions related to the protection of rights to intellectual property objects”, which will enter into force on September 18, 2023.
In particular, the amount of the discount for submitting trademark applications in electronic form was increased to 25% from the current 20%. Thus, the application fee for each class (without specifying the color) is reduced to 3,000 UAH ($82) from 3,200 UAH ($88).
However, the fee for an appeal to the Appeals Chamber against a decision on a trademark application has doubled – up to 6,800 UAH ($186) instead of 3,400 UAH ($93).
In addition, new items have been added to the list of fees that should unlock the post-grant opposition mechanism for inventions, utility models, and industrial designs.
The possibility of out-of-court invalidation of intellectual property rights was enshrined in the legislation of Ukraine as early as 2020. However, due to the lack of appropriate state fees, the procedure was practically impossible, and the parties remained limited exclusively to the judicial procedure.
Currently, the fee for submitting an application to declare the rights to an invention, utility model or industrial design invalid to the Appeals Chamber is set at 32,000 UAH ($874).