Continuation of work with Russia in the "business as usual" format is no longer possible, and WIPO members should increase pressure on russia as an aggressor and seek to isolate the russian delegation. This was emphasized by representatives of the Ukrainian IP Office, speaking at the 43rd session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) in Geneva.

In particular, Bohdan Paduchak, head of the group of advisers of the IP Office, in an address to the chairman, the WIPO Secretariat, and delegations participating in the meeting, noted that the full-scale war changed the fate and rewrote the history of many Ukrainian families, changed our customs and traditions. Russian aggression already has and will have long-term negative consequences, particularly in the IP sphere.

"We are very happy to join the discussions on limitations and exceptions to copyright for libraries and archives, educational and research institutions, people with disabilities; on the protection of broadcasting organizations. But it is unacceptable to do this with a country that has violated international law, kills civilians, destroys cultural heritage and infrastructure. We would like to thank all WIPO members who constantly support us and the democratic principles of peaceful development. And we welcome further progress in discussing problematic issues and finding effective approaches to solving problems that have not yet been resolved during the current discussions within the framework of the SCCR," emphasized Bohdan Paduchak.

Bohdan Paduchak, head of the group of advisers of the IP Office, addressed the chairman of the SCCR, the WIPO Secretariat, and the participating delegations.

Despite the attempt of russian representatives to prevent other delegations from announcing statements in support of Ukraine, they were still made. Representatives of the following delegations spoke in support of Ukraine's position: Poland - on behalf of the countries of the Regional Group of the Central European and Baltic States; Switzerland - on behalf of Group B countries; Sweden - on behalf of the European Union and its member states.

Also, at the meeting of the 43rd session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), the draft Agenda of the 43rd session of the SCCR was discussed. In particular, it provides:

• consideration and discussion of the protection of the rights of broadcasting organizations;
• restrictions and exceptions for libraries and archives, as well as for educational, research institutions and persons with disabilities;
• consideration of proposals for conducting research in the field of the use of copyright in the digital environment;
• discussion of strengthening the protection of the rights of directors-producers at the international level and the rights to remuneration for publishing works in public libraries, etc.

The participation of Ukrainian representatives in the sessions of the Standing Committee allows our specialists to participate in the discussion of topical issues in copyright and related rights. This is important for improving Ukrainian legislation taking into account the requirements of international treaties and social trends, and harmonizing the activities of the state IP legal protection system with the activities of WIPO.

The 43rd Session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) is being held in Geneva, Swiss Confederation, March 13-17, 2023.

Also on the subject:

• The victims of aggression are not only the Ukrainian nation but also our identity and heritage, - Ukraine's position at the IGC WIPO Committee in Geneva
• Intellectual property in the conditions of war and development of Ukraine: meeting of representatives of the Ministry of Economy and the IP Office with the WIPO Director General

The IP Office is ready to join the implementation of the Roadmap for EU membership. In particular, in matters of harmonization of Ukrainian IP legislation with European legislation - in accordance with Ukraine's candidate status. This was discussed at a meeting between the Head of the IP Office, Olena Orliuk, and the Chairman of the Verkhovna Rada, Ruslan Stefanchuk.

The Head of the IP Office presented the strategy for developing the IP sphere, which provides reliable IPR protection and global digital transformation, conditions for an innovation boom in the state, and improvement of intellectual property culture in society.

Olena Orliuk also talked about international cooperation, which involves advancing Ukraine's position on the world IP map and a new level of cooperation with the World Intellectual Property Organization (WIPO) and professional representation of Ukraine's interests, in particular, maintaining the ISA/IPEA status.

Also, the IP Office will intensify cooperation with:

• EUIPO (European Union Intellectual Property Office),
• EPO (European Patent Office),
• USPTO (United States Patent and Trademark Office),
• national IP offices of other countries.

In particular, last week in Warsaw, the Declaration of Intent was signed between the Ukrainian IP Office and the patent offices of Poland, Lithuania, Latvia, and Estonia.
 
"On the way to EU membership, Ukraine must complete the reform of the IP sphere and take an active part in harmonizing relevant legislation. In addition, our partnership with the USA, as one of the key partners of Ukraine, is also important," Olena Orliuk emphasized.

In addition to international cooperation, the IP office also focuses on domestic Ukrainian aspects of the sphere. In particular, the intensification of the adoption of by-laws on IP examination and the adoption of the necessary changes: to the Law on IP Protection during Martial Law, to the Resolution of the Cabinet of Ministers of Ukraine on IP fees, to the Regulations of the NIPA Appeals Chamber and the procedure for attestation of patent attorneys.

"The Ukrainian IP Office is ready to make maximum efforts to form practical steps to support the IP sphere, innovation, and the creative sector as soon as possible. To this end, we are already communicating with a wide range of public and private stakeholders," noted Olena Orliuk.

The current steps in the implementation of the Decision of the WIPO General Assembly on supporting the innovation and creativity sector and the IP system in Ukraine were discussed at a meeting of the IP Office team and representatives of the Division for Transition and Developed Countries (TDC) of the World Intellectual Property Organization.

The key topic of the discussion was analyzing the short-, medium-, and long-term effects of a full-scale war on the Ukrainian IP sphere, innovation, and the creative sector, to develop the most optimal and practical steps to support and counteract these negative consequences.

As the Head of the IP Office, Olena Orliuk, noted, at this stage, potential stakeholders were consulted, whose experience will help in the analysis of the consequences of the war for the IP sphere.

"The Ukrainian IP Office is ready to make maximum efforts to form practical steps to support the IP sphere, innovation, and the creative sector as soon as possible. To this end, we are already communicating with a wide range of public and private stakeholders. During this meeting with TDC representatives, a list of national stakeholders was defined, from central executive authorities to civil society organizations and professional associations, the education and science sectors, creative industries, and innovators, who would be involved in interviewing and analyzing the effects of the war on the sphere. They also discussed the prepared questionnaires and the most priority areas of support."
 
The participants also discussed ways to confirm the ISA/IPEA status for the Ukrainian IP Office.

For its part, the WIPO delegation assured that it fully supports the implementation of the decision to support Ukraine and is ready to involve its experts. In particular, Mykhailo Dubinsky is responsible for analyzing the impact on the law enforcement and judicial systems, as well as on practitioners and patent attorneys.

As a reminder, the Decision on the assistance and support for Ukraine's innovation and creativity sector and intellectual property system was adopted at the 63rd series of meetings of the WIPO General Assembly in July 2022.

Ukraine is strengthening coordination with European partners in aspects of intellectual property.

The relevant Declaration of Intent was signed in Warsaw during the regional meetings of IP representatives of the Ukrainian IP Office with the patent offices of Poland, Lithuania, Latvia, and Estonia.

The document provides the following:

• harmonization of legislation, best practices, and processes in IP offices;
• development of tools to support innovators and businesses within the framework of Ukraine's recovery plan;
• conducting training and educational and promotional events;
• support for SMEs.

As the Head of the Ukrainian IP Office, Olena Orliuk, noted, this is an essential step towards further convergence of Ukraine with the EU legislation and practice in the IP sphere:

"I am very grateful to my colleagues from Poland, who initiated a regional meeting on intellectual property issues with the heads of patent offices. As a result, together with colleagues from Poland, Estonia, Lithuania, and Latvia, we signed the Declaration of Intent to strengthen coordination between the parties in harmonizing legislation, developing tools to support innovators and businesses, conducting training and educational events, and supporting SMEs. Furthermore, with representatives of the EPO and the EUIPO, it was possible to discuss ways of further cooperation and reach agreements on signing memorandums of cooperation. This is powerful and extremely valuable colleague support," said Olena Orliuk.

The purpose of the Declaration of Intent, among other issues, is also:

• promotion of humanitarian coordination and exchange of information between various organizations, institutions, and partners;
• protection of the intellectual and economic potential of Ukraine;
• cooperation in post-war social reconstruction using science, technology, and innovation. Creation of new chains of added value and reintegration of human capital in the country;
• strengthening of innovation policy in Ukraine;
• bringing the practices of the Ukrainian IP sphere into line with the European ones.

We note that compliance of the Ukrainian IP sphere with European standards is one of the tasks of Ukraine on the way to joining the EU.

Sanction pressure on russia in the IP sphere and the harmonization of Ukrainian legislation in accordance with the status of a candidate for EU accession were discussed by representatives of the IP office at a regional meeting on intellectual property issues in Warsaw.

The event took place within the framework of the Regional group of the Central European and Baltic states (CEBS) of the World Intellectual Property Organization (WIPO) with the participation of representatives of the patent offices of Poland, Lithuania, Latvia, Estonia, the EPO, and the EUIPO.
 
As Olena Orliuk, Head of the Ukrainian IP Office noted, the issues in the discussion were:

• exchange of experience and practice,
• termination of relations with russia, belarus, and the Eurasian Patent Office,
• joint actions and consultations on further support of Ukraine to the WIPO GA,
• harmonization of Ukrainian legislation with EU law in the IP sphere.

"Implementing the sanctions policy against the aggressor state, belarus, and the Eurasian Patent Office is important for Ukraine today. However, we also focus on important post-victory actions for the Ukrainian IP sphere. This is the harmonization of legislation and the implementation of practical requests for support from stakeholders in Ukraine's IP and innovation sphere. Future initiatives to support Ukraine in legal and cooperation issues (in particular, patent law) and further convergence with EU legislation and practice in the area of trademarks and industrial designs," Olena Orliuk emphasized.

In addition, within the framework of the regional meetings, joint educational events on IP, educational initiatives for patent office examiners and stakeholders, discussions of internships and practices, constant exchange of experience regarding IT infrastructure and process administration, and the signing of a Declaration of Intent between the Ukrainian IP Office, Poland, and Baltic States are planned.

During the year of the full-scale russian invasion of Ukraine, the aggressor state destroyed 446 objects of cultural heritage and infrastructure and damaged 1,189. Vyacheslav Ovechkin, director of the Department of Investments, Innovations and Intellectual Property of the Ministry of Economy of Ukraine, announced this on behalf of the Ukrainian delegation, speaking at the 46th session of the Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore (IGC) of WIPO. The Ukrainian delegation, which includes representatives of the IP Office, notes that the IGC mandate is to ensure the balanced and effective protection of genetic resources, traditional knowledge, and traditional cultural expressions throughout the world and must give a proper assessment of the actions of the russian federation in Ukraine.

"russia maintains its maximalist goals of destroying Ukrainian statehood, including by attacking the civilian population and critical infrastructure. Domestic and international investigations show that russian attacks are not simply collateral damage or even the result of random events. They are carrying out a targeted attack on Ukrainian history and culture. The victims of russian military aggression are not only our nation but also our very identity and heritage," emphasized Vyacheslav Ovechkin.

Among others, representatives of the Ukrainian IP Office actively participate in the IGC meeting. Commenting on the course of the Committee's meetings, the Head of the IP Office, Olena Orliuk, emphasized:

"The Ukrainian delegation participates in active discussions of issues related to traditional knowledge and traditional cultural expressions aimed at preventing their illegal appropriation; and issues related to genetic resources in the context of the IPR  system, including ensuring that patent offices have access to adequate information about genetic resources and related traditional knowledge and traditional cultural expressions."

Also, the Ukrainian delegation called for participation in the search for practical approaches for solutions that await consideration during the current discussions of the IGC.

"It is very important for us to join the discussion about what should be protected and what should not be protected in the context of traditional knowledge and traditional cultural expressions. How IP can protect and promote the development of genetic resources. But it is unacceptable to do this with a country that has violated international law, kills civilians, destroys cultural heritage and infrastructure," concluded the Head of the specialized department of the Ministry of Economy.

Representatives of delegations spoke in support of Ukraine's position: Poland - on behalf of the countries of the Regional Group of the Central Europe and Baltic States, Switzerland - on behalf of the countries of Group B, Sweden - on behalf of the European Union. The IGC was held from 27 February to 3 March 2023 in Geneva, Switzerland. IP Office is represented by:

• Director Olena Orliuk,
• the head of the group of advisers, Bohdan Paduchak,
• head of the department of elaboration and development of international projects of WIPO and other international organizations - deputy head of the international cooperation department Andrii Zozuliuk,
• Andrii Suhovii, head of the examination department for applications for inventions, utility models, and semiconductors of the department for examination of applications for industrial property,
• Yevgenia Bakhmach, leading expert, biotechnology and food industry sector of the chemical technology department,
• Dmytro Pavlov, head of the Patent Law Department of the IP Legal Support Division,
• intellectual property professional of the patent law department Anastasia Balkhovska.

The development of the intellectual property (IP) sphere in Ukraine must continue despite the full-scale russian invasion. This requires the cooperation and support of international partners, particularly the World Intellectual Property Organization (WIPO).

The aggressor is using IP as a weapon, and that must be changed. In particular, to build an IP environment that would support innovation and creative industries but not kill their source. This was emphasized by Deputy Minister of Economy Oleksandr Gryban and representatives of the IP Office at a meeting with WIPO Director General Daren Tang.

"A sufficient level of IPR protection will help to improve the investment climate in Ukraine. And, taking into consideration the damage caused to our economy by russian aggression, investments can become the basis for rebuilding the state. That is why the effective functioning of the IP office, which should build a modern and comfortable environment for the state’s technological development, is so important. We are grateful to WIPO for the comprehensive support of the Ukrainian IP system. We hope that further cooperation will help Ukraine to maintain the economic front and function as a developed and innovative state", said the Deputy Minister of Economy of Ukraine, Oleksandr Gryban.

The IP Office is making maximum efforts to fight the negative impacts of the war and help the Ukrainian IP community and the economy in general, its Head, Olena Orliuk, stressed:

"Our main priority is a high-quality service that will help Ukraine be innovative and reputationally attractive both for national business and countries that support us. We will try to achieve our goal through a new level of cooperation with WIPO, harmonization of legislation, borrowing best practices and processes, broad digitalization, maximum reduction of IP registration terms, development of tools to support innovators and businesses within the framework of Ukraine’s recovery plan, active educational and promotional activities and support of national security and defense sphere".

Olena Orliuk also spoke about the Strategic Plan, which primarily involves cooperation with WIPO, member countries of the WIPO’s Regional Group of the Central European and Baltic States (CEBS), European partners, and the USA.

"We will invest all our efforts to effective implementation the General Assembly’s Decision on supporting Ukraine. We also want to reach a new quality level of joint projects implementation - the TISC network, IP Academy, promotion of IP mediation, etc. We managed to keep the entire pool of examiners, so the most important issue on the agenda will be extending our performance as the International Searching Authority and the International Preliminary Examining Authority (ISA/IPEA). We are ready to work on confirming this status and hope for support and help", the Head of the IP Office emphasized.

Over the past six months, Ukraine has made significant progress in the development of the IP sphere, emphasized Bohdan Paduchak, Head of the advisors' group of the IP Office:

"The law on copyright and related rights was adopted, the institutional reform of the IP sphere was implemented, the IP Office became operational, which task is not only improving the legal protection of IPR but also strengthening IP protection and raising IP awareness".

Bringing Ukrainian legislation into line with EU legislation and improving the protection of the interests of individuals during martial law. Currently, these are the priorities of the legal work of the IP office, which were emphasized by the adviser to the director of the IP office, Mykola Pototsky, during a meeting with representatives of the American Chamber of Commerce in Ukraine.

"First of all, updating information about EU legal acts that require implementation into our legislation, revision of by-laws on the examination of applications for intellectual property objects, taking into account EU acts. This is one of the work vectors. The next priority vector is the development of proposals for the law on the protection of the interests of individuals during martial law, as well as the regulation of relations regarding the objects connected with the aggressor state. Such proposals have already been developed and posted for public discussion on the website of the state intellectual property system in the "Improvement of legislation" section and will be directed to the subjects of the legislative initiative for consideration," Mykola Pototsky emphasized.

The subject is the changes to the law on the protection of the interests of persons in the IP sphere during martial law: it is proposed to update the provisions on the suspension of the procedural terms of the examination to resolve the IPR issues related to the aggressor state, to implement the European post-grant opposition procedure for trademarks.

The armed aggression of the russian federation against Ukraine exacerbated the need to develop legal mechanisms for balancing the interests of society and business regarding the legal protection of inventions related to medicinal products.

"We plan to start work on improving the Law of Ukraine "On the Protection of Rights to Inventions and Utility Models," to fully implement the Bolar provision and clarify the regulation of relations regarding certificates of additional protection. In close dialogue with all interested parties, we must work out appropriate changes to the legislation," the adviser to the director of the IP office emphasized.

In addition, the IP office is working on by-laws, the development of which is carried out in accordance with the Law of Ukraine "On Copyright and Related Rights" and concerns the procedure of using of "orphan" works and the procedure for protecting the non-property rights of authors to works that have passed into the public domain, and for which there are no heirs.

In the focus of attention of the IP office team is the work on improving the legal acts on the legal status and patent attorneys’ attestation, the regulations of the Appeals Chamber, and the procedure for fees payment related to the IPR. Separate proposals have already been published on the website, and the discussion of these draft documents is currently underway.