On 24 November 2023, the new Procedure for State Registration of Copyright and Agreements Concerning Proprietary Rights to Copyright Works went into effect (Order of the Ministry of Economy of Ukraine No. 11319 dated 16 August 2023), representing another step towards aligning Ukrainian IP rights protection standards to the EU laws.
As previously reported, a new Copyright Law entered into force in Ukraine on 1 January 2023. Furthermore, on 11 August 2023, the Cabinet of Ministers of Ukraine adopted Resolution No. 843 on “Certain Issues of Registration of Copy Right and Agreements Concerning Proprietary Rights to Copyright Works”, which cancelled the former procedure.
The new Procedure of 24 November establishes rules for copyright registration and for registration of agreements concerning proprietary rights to copyright works (e.g. employment agreements, agreements on creation and use of objects subject to copyright, copyright transfer agreements, copyright licensing agreements).
Submission to the Ukrainian National Intellectual Property Agency (Ukrainian National Office of Intellectual Property and Innovation or the IP Office) for copyright registration may be filed either in paper form or electronically (via a special system) and must include:
- application (both templates for copyright and agreements’ registration are provided for by the Procedure);
- a copy of the work (the Procedure contains detailed information regarding the copy’s form such as file format);
- a document certifying the fact and date of publication of the work;
- a document confirming payment of the fee;
- a document confirming the powers of the representative (if appointed), the Procedure also provides the requirements to such documents;
- other documents envisaged by the Procedure (i.e. depending on circumstances a certificate of the right to inheritance).
The application must contain information regarding the form of receipt (paper or electronic) of the copyright registration certificate, the decision to register the copyright agreement, and the address for correspondence in Ukraine. Before the final decision is made, the applicant may amend the materials submitted (a separate fee must be paid). A newly introduced procedure is the right of the applicant to recall the application. In this case, however, the filing fee will not be returned.
When reviewing the submission, the IP Office may request the provision of additional documents or correct the flaws of the initial filing. The IP Office considers the submission within two months from the date of filing or from the date the requested corrections were provided. The decision of the IP Office can be challenged in court.
For more information on registration of copyrights and agreements in Ukraine, contact your CMS council or our local experts: Maria Orlyk, Olga Belyakova.
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