How is the fight against intellectual property rights infringements carried out in Ukraine?
27 Apr 2026 | Newsletter
How is the fight against intellectual property rights infringements carried out in Ukraine?
Intellectual property (hereinafter referred to as “IP”) infringements on the internet and efforts to combat them remain pressing issues in Ukraine. IP infringements include the unauthorized use of trademarks and service marks, infringements of copyrights in content, as well as the illegal possession and use of software without proper legal grounds (a license). In this article, we will discuss the legal framework governing IP protection, the most common infringements faced by Ukrainian entrepreneurs, and how online infringements are addressed in Ukraine.
What is the legal framework for intellectual property protection in Ukraine?
In Ukraine, the protection of intellectual property rights is governed by a series of laws that favor rights holders. In particular, this includes the Law “On Copyright and Related Rights” which provides for blocking access to infringing websites and holds internet service providers liable for copyright infringement. Technologies are protected by the Law “On the Protection of Rights to Inventions and Utility Models” brands by the Law “On the Protection of Rights to Trademarks for Goods and Services” and designs by the Law “On the Protection of Rights to Industrial Designs”.
Ukraine has implemented a number of international agreements in the field of intellectual property (IP), including the Treaty on Trade-Related Aspects of Intellectual Property Rights (TRIPS), under which Ukraine is obligated to ensure effective measures to protect IP rights against infringements, including in the digital sphere.
Under Ukrainian law, copyright arises upon the creation of a work and registration is not required for protection. However, rights to trademarks and technologies must be registered with the IP office UANIPIO to ensure their legal protection.
Common types of IP rights infringements in Ukraine
The most common type of infringement on the Internet is trademark infringement (hereinafter referred to as “TM”), as trademarks are the most widespread form of intellectual property in Ukraine and cover all areas of economic activity. According to the 2024 analytical report by UANIPIO on the state of intellectual property rights protection in Ukraine, in 2024, the majority of commercial disputes in the IP area in local courts concerned trademark rights (42%). A significant portion of this category consists of cases seeking to invalidate trademark registrations due to their similarity to previously registered marks to the point of confusion.
According to Order No. 19889 of the Ministry of Economy of Ukraine “On Approval of the Rules for Drafting and Filing Trademark Applications…” dated August 6, 2024, the criteria for similarity of designations are phonetics, graphics, and semantics.
Since experts from UANIPIO and the courts analyze similarity based on these specific criteria when resolving disputes, we suggest considering what to look for when evaluating trademarks according to each of them.
In terms of phonetic similarity, even if words are spelled differently, they may be deemed similar if they sound nearly identical. Particular attention should be paid to the beginning of the word, as consumers typically remember the beginning of a name among other characters in the name .
Graphic (visual) similarity is assessed as the overall impression of how a mark looks, specifically the typeface, color scheme and the presence of graphic elements that allow one mark to be visually distinguished from another, since visual perception can identify a trademark more effectively than auditory perception.
Regarding semantic similarity, the analysis focuses on the meaning conveyed by names, synonyms, or words that express the same concept in different languages, and whether the name is a direct translation of an existing well-known mark.
Understanding the criteria for assessing similarity protects you from two risks: rejection of your own trademark registration and dealing with unfair competition. We recommend conducting a preliminary trademark search for similarity before filing an application to avoid rejection and reduce the risk of refusal. It is also important to regularly monitor registries to promptly identify and block competitors’ attempts to register similar names.
In the case regarding the invalidation of trademark certificate No. 910/18587/16 dated July 15, 2019, the Supreme Court of Ukraine established the position that phonetic similarity is a less significant factor than graphic similarity; a graphic element is often sufficient to rule out similarity (especially in combined marks).
In the same case, the Supreme Court of Ukraine also concluded that the court cannot assess similarity from the perspective of an average consumer without expert opinions, if the issue is not obvious. In such cases, a judicial expert examination is mandatory (the expert’s opinion serves as key evidence). The court merely evaluates the expert opinion; it does not substitute for the expert.
Based on the practice of the Supreme Court of Ukraine and standard rulings on the appointment of expert examinations, the following questions may be posed to experts when comparing the similarity of two designations in court:
Can the trademarks be confused with one another? An expert determines whether the names (logos) are so similar that an average person might perceive them as the same brand.
How strong is the similarity in sound, appearance, and meaning? The analysis examines whether they sound the same, look similar, and convey the same meaning.
What overall impression does the mark create? The assessment focuses not on each letter individually, but on how an average consumer perceives the brand on a store shelf within a few seconds.
Is there a dominant element in the name? When a trademark consists of a main word and additional smaller details, the expert determines whether the competitor is copying the part that stands out the most.
Are similar products sold under these trademarks? The expert verifies whether the products are homogeneous.
Does the mark mislead the buyer? Could a consumer mistakenly purchase a competitor’s product, thinking they are buying a product from a well-known brand?
An expert opinion provided by an expert called upon during the proceedings constitutes valid and admissible evidence that will increase the likelihood of a favorable outcome in the case. Therefore, engaging an expert in the judicial process is an important and feasible step .
In the case regarding the similarity of the trademarks “SIGMA” and “SIGMA ENGINEERING” No. 910/14228/21, the Supreme Court clarifies that expert opinions are evaluated based on their relevance, admissibility, and compliance with methodology. The similarity of trademarks requires a comprehensive analysis.
Asking the right questions of the expert is an essential part of the preparation process and may be a decisive factor in obtaining a legally valid conclusion that confirms or refutes the fact of an intellectual property rights infringement.
During the trial, the court may order not just one, but several expert examinations. The court orders an expert examination on its own initiative, but most often at the request of the parties to the case if the previous expert opinion is incomplete or unclear, or if there are doubts regarding the correctness of the expert opinion (lack of justification, inconsistency with other case materials, etc.).
The second most common type of infringement involves copyright and related rights, specifically the use of works without the rights holder’s permission or without legal grounds, such as a license or fair use. According to the report, in 2024, 40% of all IP cases heard by local courts involved infringements of copyright and related rights.
According to the Law of Ukraine “On Copyright and Related Rights,” the primary criterion for a copyrighted work to be eligible for legal protection is its originality. A work is recognized as original if it is the author’s own intellectual creation and reflects the creative decisions made during its creation. In Case No. 487/4650/21 dated October 22, 2021, the Supreme Court of Ukraine noted that authorship must be proven for each individual photographic work, rather than for a “photo bank,” and emphasized such characteristics of a work as originality and objective form.
In cases of copyright infringement, the law provides for two main options for monetary penalties, from which the copyright holder must choose the most advantageous one based on the available evidence and relevant financial documents.
Traditional compensations for damages include the copyright holder’s actual losses and lost profits. In addition, the rights holder has the right to demand the recovery of income received by the infringer as a result of unlawful actions or compensation for moral damages if the infringement has harmed their business reputation. Opting for fixed compensation is usually strategically justified for expedited litigation, whereas recovery of actual damages is appropriate when there is indisputable financial evidence demonstrating the actual extent of property damage.
Evidence of intellectual property rights infringement: its collection and evaluation by the court
An important step in pre-trial settlement, followed by a court proceeding, is the collection and documentation of evidence of intellectual property (IP) rights infringement.
Appropriate methods for documenting such infringements may include:
Documentation of intellectual property rights violations on the internet by specialists from a center of expertise, forensic experts, and similar institutions. In this process, the specialist will document the violation on the webpage, noting the date and time of documentation, the website address, and its content. This type of documentation serves as compelling evidence of rights violations during court proceedings.
Screenshots and video recordings of web page content, as electronic evidence, are also a method of documenting violations; however, they may be considered less compelling by the court than documentation by a specialist.
Engaging a lawyer who, through a formal legal request sent to internet service providers and hosting companies, can obtain the necessary information about the owners of the websites.
Using independent resources to capture web pages and their content, since website content can be altered or deleted, simply saving a screenshot may prove insufficient. Using such resources involves employing tools that ensure the integrity and verification of data.
Purchasing goods that infringe intellectual property rights. In this case, receipts, invoices, and sales slips, along with the purchased goods, will confirm the fact of the infringement. However, information about the seller/supplier of the goods, which must be included in the receipts and invoices, is crucial.
Publications in the media. If the infringement is documented as an advertisement or an article in a magazine or newspaper, a copy of such a publication may be submitted to the court as evidence of the infringement.
Information from customs authorities. This type of documentation may serve as evidence if the goods have crossed the border, and such confirmation can be obtained from customs authorities.
The choice of a defense strategy for different types of intellectual property may vary and requires a tailored approach, as well as a decision on the method of documentation and proof.
The court evaluates evidence based on the principles of relevance, admissibility, and reliability, in accordance with the provisions of the Commercial Procedure Code and the Civil Procedure Code of Ukraine; electronic evidence, including website content, messenger correspondence, and digital files, has the same legal force as paper documents. They may be submitted to the court either in original form or as electronic copies certified by an electronic signature (ES). An important aspect is the court’s evaluation of the evidence, which analyzes the persuasiveness of each piece of evidence in comparison with the opponent’s arguments. In this context, metadata, technical properties of files, or the document’s creation date can play a decisive role, as they allow establishing the priority of creation of the IP object and identifying the true author.
Algorithm for Pre-Trial Settlement
Before taking legal action, it is advisable to explore pre-litigation options for stopping IP infringements, such as sending the infringer an official letter of complaint via email or regular mail. At this stage, it is important to document the fact and evidence of the infringement to support a subsequent complaint. Submitting a complaint through the platform’s reporting form (YouTube, Facebook, Instagram, TikTok, Google, etc.) is also effective. The most well-known and widely used mechanism is the DMCA Takedown Notice, which is also in effect in Ukraine.
Contacting a hosting provider or domain administrator to request that materials be blocked or removed, provided that the intellectual property is registered and the rights holder provides a copy of the registration certificate. Typically, providers act in the interests of rights holders and block infringing content.
What should a notice to the infringer or hosting provider include?
The full name and contact information of the rights holder (full residential/registered address, phone number, email address).
A precise description of the work, trademark, or patent whose rights are being infringed (e.g., book title or patent number). For example, we have identified an infringement of rights under a trademark registration (registration number, trademark name).
- Documents confirming ownership of the rights and the representative’s authority. For example, Documents attached to the request:
Trademark Certificate No. ____.
Legal Services Agreement No. ____ dated _____.
Order for the provision of legal assistance.
Certificate of eligibility to practice law.
Exclusive distribution agreement.
Documentation of the IP rights infringement.
- Specific location of the infringement, for example, the URL of the page or file containing the infringing content.
- Confirmation that the information in the request is true and that the use of the content is not authorized by the rights holder or permitted by law.
- An unambiguous request to remove the content or restrict access to it. For example, to prevent access to electronic (digital) information at the link _____ regarding the account “_______.”
The most effective method of initial communication with an infringer is a formal notice of claim, prepared and sent by an attorney as part of pre-litigation rights protection, to ensure that the notice is properly drafted in accordance with applicable laws and contains clearly stated demands. A letter sent through a lawyer is a tool for exerting influence and demonstrates the rights holder’s readiness to take further action, which often encourages the resolution of the dispute at the pre-trial stage.
Filing a lawsuit
When preparing a complaint for court, it is important to identify and formulate the claims. That is, to specify the actions the court will order the infringer to take in order to cease the infringement of intellectual property rights.
The primary claim is to cease actions that infringe IP rights, i.e., to stop the infringer from using the intellectual property. Other necessary claims may include the removal of goods from circulation, the blocking of websites, and the deletion of information. In certain cases of IP rights infringement, it is advisable to ask the court to invalidate a contract that was concluded with infringing of rights, or
In addition to ceasing the infringement, it is advisable to ask the court to grant financial relief. Compensation for actual damages suffered by the rights holder, as well as recovery of lost profits that the rights holder could have earned had their rights not been infringed, constitutes a fair means of compensation and restoration of the infringed rights. Proper preparation of financial documents and calculations is a crucial step in ensuring that the court grants such claims.
It is also important to remember that you may be entitled to reimbursement of legal fees and court fees paid in connection with the case.
In addition to judicial protection, the owner of infringed IP rights may also turn to law enforcement agencies and the Antimonopoly Committee. When an IP right infirnger is administratively or criminally liable for the infringemen within the framework of the proceedings, an IP holder has an opportunity to obtain additional evidence and arguments in the existing court case.
Submitting a complaint to the Antimonopoly Committee is an effective way to protect against unfair competition in cases of IP rights infringement involving the copying of brand names, logos, or packaging. A key advantage of filing a complaint with the Antimonopoly Committee is the ability to impose fines, which can serve as one of the factors in bringing an end to IP rights infringement.
Conclusion
The most common infringements of intellectual property rights continue to involve trademarks and objects of copyright and related rights, due to the popularity of these intellectual property objects among Ukrainian entrepreneurs.
Selecting a defense strategy, properly documenting and gathering evidence, utilizing pre-trial settlement, and preparing high-quality documents for court filing are the key steps in defending infringed IP rights.
Given the importance of all these processes, engaging qualified intellectual property lawyers is essential for properly formulating claims and ensuring the effectiveness of the litigation process.
The protection of intellectual property rights is not only about restoring justice for the rights holder, whether as a creator or inventor, but also an opportunity to restore reputation and address financial losses.