On 18 June 2024, by Order of the Ukrainian National Office for Intellectual Property and Innovations ("UANIPIO") No. 93/2024, the personnel of the Appeals Chamber of the UANIPIO ("Appeals Chamber") was approved. Notwithstanding the challenges associated with the war, the Appeals Chamber has resumed work.
The composition of the panels is being finalized and the consideration of the merits of the appeals will begin shortly. Meanwhile, the cases already referred to the Appeals Chamber are being assigned for further proceedings. A monthly schedule of the Appeals Chamber will be published on the official website and will be updated on an ongoing basis, which will also provide IP right holders with a good instrument to track the development of their cases of interest.
Key changes
After almost two years of being out of service due to a profound reform, from now on the following functions of the Appeals Chamber will be resumed:
- Consideration of oppositions to decisions of the UANIPIO regarding the registration of IP objects
- Consideration of applications for a trademark to be recognized as well known in Ukraine
In addition to the above, the Appeals Chamber will now perform new functions and offer new services, which will provide IP right holders with effective instruments and possibilities to protect their rights, namely:
- Considering applications for the invalidation of IP rights ("post-grant opposition")
- Conducting mediations at any stage of an opposition or appeal
- Receiving documents in electronic form with a qualified electronic signature submitted by the participants of the proceedings through their personal accounts on the Information and Communication System (ICS) of the UANIPIO
- Storing video and audio recordings of video conferences on ICS
- Simplifying the requirements to conduct a survey for a trademark to be recognized as well known in Ukraine.
Recommendations
Overall, the Appeals Chamber resuming operations can be considered positive from a business standpoint. Administrative proceedings before the Appeals Chamber, from now on, may be used as an alternative to litigation in court. High-quality decisions of the Appeals Chamber will contribute to the effective resolution of IP cases at the pre-litigation stage, which is more time and cost efficient.
By Ruslan Drobyazko, Partner, and Myroslava Koval-Lavok, Senior Associate, Baker McKenzie
