Ukraine

Country code:

UA

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
Horizon 2020	European Commission	EU EU-other countries	Research activities; Collaboration; Staff exchange; Other.	The conditions and constraints are established. They depend on the type of the action or the specific actions.
U.S. Civilian Research and Development Foundation (CRDF)	CRDF	International	Research activities; Collaboration.	The conditions and constraints are established. They depend on the type of the action or the specific actions.

Partner search facilities:


Name	Description	Scope	Costs
EC National Contact Points	Advice and individual assistance to establish cooperation. Advice and assistance for R&D cooperation in specific areas	EU-Ukraine	Free of charge
National Tempus Office	Advice and individual assistance to establish cooperation.	Both national and international	Free of charge
European Comission service for researchers	Search option that allows researchers and academics to find all the necessary information on accommodation, employment, and find partners to carry out scientific research in Europe.	Both national and international	Free of charge
Ideal-ist	An international partner search network of EC in the field of information and communication technologies.	Both national and international	Free of charge

Resources of information:


Name	Description	Costs
S&T Gate UKR.EU	Information platform designed to: intensify international cooperation in science and technology; facilitate the networking of research organisations and institutions in the Ukraine and the European Union, and promote scientific dialogue between Ukraine and EU Member States.	Free of charge
NETWATCH	Mapping networks; providing information on Joint Calls; analysing the impact of programme collaboration; describing the scope and results of individual networks; supporting mutual learning among transnational programme networks.	Free of charge
EUREKA	EUREKA is an international initiative which coordinates efforts of governments, research institutes and commercial companies concerning innovation. Its members are the EU countries and 14 more from around the world including Russia, Republic of Korea, Turkey, Albania.	Free of charge

Institutions supporting R&D collaboration:


Name	Description
Ministry of Education and Science of Ukraine	Performing tasks within whole area of national science and technology and innovation policies. Funding institution.
State Agency on Science, Innovation and and Informatisation of Ukraine	The Agency is responsible for realizing state policy in relation to scientific, technical, innovation activities, informatization, creation, maintanance and protection of the state electronic information resources. It shall also prepare proposals for the Ministry for the state policy in these fields.

Legal framework for R&D cooperation:


Name of the agreement	Description
Agreement on cooperation in science and technology between the European Community and Ukraine signed on 4 July 2002	The Agreement is aimed at establishing broader collaboration in science and technology between the European Community and Ukraine in the framework of the global cooperation between the two parties. Under the terms of this Agreement the Joint Committee on S&T Cooperation was established.
S&T cooperation agreements with more than 50 countries, including the following:	S&T cooperation with Eastern European and Central Asia countries: Azerbaijan, Armenia, Belarus, Georgia, Moldova, Russia, Kazakhstan, Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan. The agreements define specific areas in which scientific potential on the bilateral level can be used most effectively. S&T cooperation agreements with many EU Member States: Austria, Bulgaria, Germany, Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Slovenia, Spain.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Law on Copyright and Related Rights of 1993 Civil Code of Ukraine of 2003, Chapter 36	no, but it is possible	State Service of Intellectual Property of Ukraine
Patents	Law on Protection of Rights to Inventions and Utility Models of 1993 Civil Code of Ukraine of 2003, Chapter 39	yes	State Service of Intellectual Property of Ukraine. The applications shall be sent to its subdivision - Ukrainian Institute of Industrial Property
Utility models	Law on Protection of Rights to Inventions and Utility Models of 1993 Civil Code of Ukraine of 2003, Chapter 39	yes	State Service of Intellectual Property of Ukraine. The applications shall be sent to its subdivision - Ukrainian Institute of Industrial Property
Trade marks	Law on Protection of Rights to Marks for Goods and Services of 1994 Civil Code of Ukraine of 2003, Chapter 44	yes	State Service of Intellectual Property of Ukraine. The applications shall be sent to its subdivision - Ukrainian Institute of Industrial Property
(Industrial) designs	Law on Protection of Rights to Industrial Designs of 1993 Civil Code of Ukraine of 2003, Chapter 39	yes	State Service of Intellectual Property of Ukraine. The applications shall be sent to its subdivision - Ukrainian Institute of Industrial Property
Geographical Indications	Law on Protection of Rights to Indication of Origin of Goods of 1999 Civil Code of Ukraine of 2003, Chapter 45	yes	State Service of Intellectual Property of Ukraine. The applications shall be sent to its subdivision - Ukrainian Institute of Industrial Property
Know How	Civil Code of Ukraine of 2003, Chapter 46	no	-
Plant Breeders Rights	Law on Protection of Rights to Plant Varieties of 2002 Civil Code of Ukraine of 2003, Chapter 42	yes	Ukrainian Institute of Expertise of Plant Variteties
Topographies of Semiconductor Products	Law on Protection of Rights to Topographies of Integrated Circuits of 1997 Civil Code of Ukraine of 2003, Chapter 40	yes	State Service of Intellectual Property of Ukraine. The applications shall be sent to its subdivision - Ukrainian Institute of Industrial Property

IPRs' databases:


Name of the source	What information can I find?	Language
State Service of Intellectual Property of Ukraine	Designations of origin registered in Ukraine	Ukrainian
State Enterprise Ukrainian Institute of Industrial Property	Database for patents, utility models, designs, trademarks	English, Ukrainian

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	(!!!) Patents/ Utility models/ Designs/ Topographies of Integrated Circuits - Prior user rights	Person who has exploited an invention (utility model/design/topography) in a good faith before priority date keeps the right to exploitation of such invention (utility model/design/topography), after the grant of the patent for the invention (rights to utility model /design/topography) to other party.	Law on Protection of Rights to Inventions and Utility Models of 1993, Article 31 Section 1 Law on Protection of Rights to Industrial Designs of 1993, Article 22 Section 1 Law on Protection of Rights to Topographies of Integrated Circuits of 1997, Article 17 Section 4
Patents/Utility models	(!!!) Patents/ Utility models/ Designs/ Topographies of Integrated Circuits - These kinds of activities do not infringe the rights of the owner	Use in construction or exploitation of foreign vessels exclusively for purposes of such vessels; Acts performed for non-commercial purposes; Acts performed for research or experimental purposes; Use in case of emergency, subject to subsequent notification and compensation of the rightholder.	"Law on Protection of Rights to Inventions and Utility Models of 1993, Article 31 Section 2 Law on Protection of Rights to Industrial Designs of 1993, Article 22 Section 2 Law on Protection of Rights to Topographies of Integrated Circuits of 1997, Article 17 Section 1
Industrial Designs
Topographies of Semiconductor Products
Trade Marks	These kinds of activities do not infringe the rights of the owner	Prior use of trade mark; Non-commercial use of trade mark; Use in all forms of news and comments to news; Use of name or address in good faith.	Law on Protection of Rights to Marks for Goods and Services of 1994, Article 16 Section 6
Copyright	These kinds of activities do not infringe the rights of the owner	Private use; Quotation; Use of fiction works as illustrations in publications, radio and TV programmes, records of educational nature; Reproduction of previously published articles on current economical, political, religious or social topics; Reproduction of publicly delivered political speeches, lectures, papers, and other analogous works; For the benefit of disabled; Reproduction for judicial and administrative purposes; Open to public reproduction during official religious ceremonies; Free reproduction of works by libraries and archives; Free reproduction of works for educational purposes.	Law on Copyright and Related Rights of 1993, Articles 21-23, 25

IP Office:


Name of the office	Scope of activities
State Service of Intellectual Property of Ukraine	The State Service grants patents and rights to utility models, designs, trademarks, semiconductor products and designation of origin and geographical indications.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	yes
Hague Convention		yes
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / researcher
Default (statutory) regime for employee’s creations	Employer (according to Law on Copyright and Related Rights of 1993 and Law on Protection of Rights to Inventions and Utility Models of 1993).
Ownership of research results in publicly sponsored research	If a research was sponsored from the state budget, the property rights belong to the institutions and organisations that performed the scientific and research works. There might be exceptions provided by law, among others if the created technology is secret - it shall be transferred to the comissioner of such works.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	No specific regulations
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	No specific regulations
Related law (name & link)	Law on Copyright and Related Rights of 1993, Article 16 Law on Protection of Rights to Inventions and Utility Models of 1993, Article 9 Civil Code of Ukraine of 2003, Article 429 Law on State Regulation of Activities in Field of Technology Transfer of 2006, Article 11

Dissemination rules:


Limitations on publication	The procedure for publication may be provided by the national law; however, currently there are no regulations in this field. Scientist is entitled to publish the results of his research or otherwise make them available to public. Law on Scientific and Scientific Technical Activities of 1992, Article 5
Specific rules regarding publication of scientific results financed by public bodies	No specific regulations
Non-disclosure clauses in research contracts	Such clauses may be included; in this case, dissemination is prohibited.

Specific incentives for innovation activities:


Related Law (name & Link)	Law on Innovation Activity of 2002, Article 17 Law on State Regulation of Activities in Field of Technology Transfer of 2006
Incentives provided by law for individual researchers	Remuneration of the authors of transferred technologies, with specific terms and procedure for payments to be established in collective agreements. The Cabinet of Ministers of Ukraine establishes the minimum rates of such remuneration.
Related Law (name & Link)	Law on State Regulation of Activities in Field of Technology Transfer of 2006, Article 22
Incentives provided by HEI for researcher	Not specified

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Transfer of an exlcusive right / Licence (Limitations for secret inventions and utility models apply)	Written form (provisions of the contract not meeting the written form are invalid)	No	Centers for Technology Transfer	Law on Copyright and Related Rights of 1993, Articles 31, 32, 33 Law on Protection of Rights to Inventions and Utility Models of 1993, Article 28, Sections 6, 7 Civil Code of Ukraine of 2003, Articles 1108-1110, 1113

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patents / Rights to utility models	In employment relationships, inventors have the right for remuneration based on the economic value of the invention/utility model, though the amount of remuneration is not specified.	Not specified	Not specified	Law on Protection of Rights to Inventions and Utility Models of 1993, Article 9
Copyrights	In employment relationships, authors have the right for remuneration for creation and use of their works, the amount of which shall be specified in agreement.	Not specified	Not specified	Law on Copyright and Related Rights of 1993, Article 16

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Information not available