Pre-War Terms, State Registration of Copyright Procedure is Cancelled

Pre-War Terms of Providing Administrative Services is Restored

On 25.08.2023, Resolution No. 828 of the Cabinet of Ministers of Ukraine dated 08.08.2023 will enter into force, providing for the renewal of the terms for the provision of administrative services and the issuance of permission documents, which were suspended by Resolution No. 165 in connection with the introduction of martial law in Ukraine.

At the same time, Resolution No. 165 becomes invalid.

As commented in the Verkhovna Rada, by its decision, the Government canceled the resolution that allowed state bodies not to respond to business requests for months and not to provide them with administrative services.

Let us please remind you that Resolution No. 165 suspended the terms of providing all administrative services, with the exception of services in the field of state registration of legal entities, individual entrepreneurs, property rights to immovable property and their encumbrances, as well as state registration of civil status acts.

State Registration of Copyright Procedure is Cancelled

According to the statement of the Ukrainian National Office of Intellectual Property and Innovations (IP office), the Cabinet of Ministers of Ukraine, by its Resolution No. 843 dated 11.08.2023, declared the Procedure for state registration of copyright and contracts relating to the author’s right to a work, approved by Cabinet’s Resolution dated 27.12.2001 No. 1756, to be invalid.

The Resolution entered into force on 16.08.2023.

Herewith, IP office continues to accept applications for state registration of author’s rights to works, as well as applications for registration of contracts related to authors’ rights to works. At the same time, application forms are currently unchanged and can be used by applicants until the approval of the new Procedure for state registration of copyright and the contracts.

In addition, Resolution No. 843 canceled the provision regarding the payment of fees for the registration and issuance of a certificate of state registration of the author’s rights to the work. From now on, applicants will only pay fees for preparation for state registration of copyright and contracts, the amounts of which are approved by Resolution No. 1756.

Paying Fees for Protection of IP Procedure is Changed

According to information from the Ministry of Economy, the Cabinet of Ministers of Ukraine amended the Procedure for paying fees for actions related to the protection of rights to intellectual property objects.

In particular, by such amendments:

new fees are defined and current fees are clarified. For example, new types of fees are included, such as for the opportunity for third parties to object to applications for inventions, to cancel patents in an administrative procedure, for the opportunity to obtain a certificate of additional protection of inventions, for conducting information searches, for the opportunity for applicants and rights holders to restore their rights;
tax exemptions for non-profit institutions and organizations have been increased;
the terminology of the Procedure has been brought into compliance with special laws in the field of IP.

Access to EU: Ukraine will not Meet All Requirements 100%, but Membership Negotiations will Begin

Let us please remind you that on 23.06.2022, simultaneously with granting Ukraine the status of a candidate country for EU accession, the European Union set a number of requirements (7 points) that Ukraine must fulfill on its way to European integration.

Already at the end of June 2023, the European Commission presented an oral assessment of Ukraine’s progress on the path to the EU: 2 out of 7 conditions have been met in full.

More detailed analysis of Ukraine’s compliance with EU requirements as of the beginning of 2023 and future prospects is available in our article by the link.

Currently, it is expected that by October 2023, Ukraine will not have time to properly fulfill all 7 out of 7 requirements, however, as convinced, in particular, by the Deputy Prime Minister for European and Euro-Atlantic Integration Olha Stefanishyna, negotiations on joining the EU will still begin.