New intellectual property rules, cooperations, and fee rates implemented across the world
Ukraine Trademark Rules
September 18, 2024 marked the enactment of new trademark rules and regulations in Ukraine, implementing amendments in relation to the procedures for the drafting and filing of both national Ukrainian trademark applications and the filing of international trademark applications via the Madrid Protocol.
Among the most significant amendments of the trademark rules, Ukraine has introduced a more efficient trademark registration process, including the adoption of an electronic filing system. This new system will allow applicants to submit trademark applications online, as well as enabling them to track the status of their applications electronically. In turn, the new online system is set to reduce the administrative burden on the Ukrainian IPO and ensure a smoother filing process for applicants.
Several notable alterations to the law have also been implemented surrounding the types of marks which are eligible for registration. As such, Ukraine will now allow for the registration of non-traditional marks, a move which brings the Ukrainian trademark regulations further in line with those of Europe-wide standards. Non-traditional marks which will now be permitted for trademark registration in Ukraine include sound, 3-dimensional, multimedia, motion, and holographic marks, among others. This change allows for more flexibility in trademark registrations, encouraging applicants to expand their IP portfolio. Moreover, applicants are now able to disclaim parts of a trademark that are not original aspects when filing a trademark application.
The requirements for the filing of a trademark application were also amended. As such, all individual applicants are required to provide their date of birth alongside identifying documents and details in order to verify that the applicant is not affiliated with an aggressor state, or with a state to which sanctions have been imposed. Moreover, foreign legal entities are now required to submit their company registration numbers.
A further change brought about by the new trademark regulations in Ukraine, and in line with the country’s efforts to align with international IP practices and European integration obligations, is that the jurisdiction will now comply with both the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and the Singapore Treaty on the Law of Trademarks.
Further, the EU standards in relation to IP have been implemented in Ukraine, as per the obligations set forth within the EU-Ukraine Association Agreement. The country has also expanded its cooperation with international IP organizations and authorities, including the World Intellectual Property Organization (WIPO) and the European Union Intellectual Property Office (EUIPO). Combined, these international advancements are set to benefit Ukrainian trademark holders and applicants, allowing for increased opportunities for IP protection on an international level, as well as a more efficient and streamlined process for filing trademarks across the world.
These amendments constitute some of the most notable alterations to the Ukrainian trademark system, with other changes also having been implemented with the view of strengthening the IP procedures of the country. Transitional provisions have also been provided under the new regulations, allowing rights holders with trademarks registered under the previous system to continue to maintain their marks and have them be valid and enforceable, prior to fully switching to the new rules.
The reforms to the IP system of Ukraine signify vital efforts to modernize the country’s legal and regulatory framework, foster innovation, and encourage foreign investment. In turn, these changes will assist with Ukraine’s ongoing integration with the global economy and will provide clearer and stronger protections for both domestic and international IP applicants and rights holders operating in Ukraine.
Romania
September 1, 2024 saw Romania become an official party to the Unitary Patent (UP) System, meaning there are now 25 EU Member States to have signed the Agreement on a Unified Patent Court (UPCA), with the UP System currently in force in a total of 18 of the 25 States.
The countries in which the UP System is applied include Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden. Countries that are UPCA signatories, but have not implemented the UP System as of yet, include Cyprus, the Czech Republic, Greece, Hungary, Ireland and Slovakia.
The introduction of Romania to the UP System means that a unitary patent which is granted on or after September 1, 2024 will be offered protection in all 18 countries which have the UP System enforced.
Unitary Patents can be obtained utilizing the existing patent application process via the European Patent Office (EPO), which requires applicants to first obtain a conventional European patent before opting for the UP route of protection.
Applicants are then able to choose between three options regarding their patent maintenance. As such, applicants can opt for the registration of a UP covering all of the participating UPC member states, or they can opt for UP protection whilst simultaneously electing for validations of the patent in countries which are not participating jurisdictions or have yet to ratify the necessary UP System legislation.
Alternatively, applicants can "opt out" of the unitary system, meaning that their European patent will be validated in individual countries in the usual manner as before the enforcement of the UPC system. Once opted out, the UPC will have no jurisdiction over European patent application, patent registration or supplementary protection certificate pertaining to a European patent. This opt-out option is only applicable for patents in relation to proceedings that have not yet been heard before the UPC.
A European patent under the UPC jurisdiction constitutes a single, indivisible right that covers all UPC member states collectively, as opposed to the previous option of a European patent obtained under the European Patent Convention which comprises a bundle of individual, separate national rights valid in each designated territory respectively. The UP system also allows for a centralized renewal fee and administration system, facilitating a potentially more efficient method of European patent maintenance.
Moreover, any legal proceedings, such as infringement and invalidity of unitary patent matters will be heard directly through the Unified Patent Court.
The addition of Romania to the UP System is exptected to benefit both national applicants and foreign applicants seeking patent protection by way of a UP in Romania, allowing for a more cost effective and efficient method of patent protection on a multi-jurisdictional level.
Finland
As of September 1, 2024, the general VAT rate in Finland increased from the previous 24% rate to 25.5%. This rise in VAT has affected a multitude of fees in relation to the Finnish Patent and Registration Office (PRH), inclusive of the products and services it offered under the previous 24% VAT rate.
As per the VAT increase, the fees in relation to the information services of the Finnish Trade Register, Register of Associations and Register of Foundations, trademarks with a reputation, preliminary examinations of trademarks and designs, LEI application fees and annual fees for LEI codes and patent search services have been impacted. Many of the fees in place for other IP related services have, on the contrary, not been impacted, as no VAT rate is applicable to those services. These unaffected fees include the fees for trademark and patent applications, and the handling fees for notifications filed with the Finnish Trade Register.
The new VAT rate will apply to fees incurred on or after September 1, 2024. Should a product or service have been delivered prior to this date, namely on or before August 31, 2024, the previous VAT rate of 24% will remain applicable to these fees even if the person liable for the costs opts to pay for the product or service at a later date.