Notwithstanding the setbacks caused by the covid-19 pandemic, the Ukrainian IP community still has its sights set on the establishment of a specialist IP court, with a 2020 report from the Centre for Commercial Law Studies at London’s Queen Mary University setting out recommendations and a legal framework for the potential forum. The report is the result of a project which has also delivered training online to more than 100 Ukrainian IP judges and other professionals in preparation for the future. Commentators suggest that the benchmark of quality for patent providers has risen markedly in recent years and the country is becoming an ever-more attractive venue for those seeking patent protection across Eastern Europe; fees appear to be on the increase as a result. Major changes were recently introduced by new laws on bureaucratic barriers and corruption in the healthcare sector, and on patent reforms more generally, which came into effect in July and August 2020 respectively. The new legislation has had a dramatic impact in the pharmaceutical space and beyond, making it possible for Ukrainian patent holders to obtain SPCs, expanding the definition of non-patentability and introducing the option of post-grant opposition procedures.
- Doubinsky & Osharova
- Mamunya IP
- Pakharenko & Partners
- Arzinger Law Office
- Baker McKenzie
- Gorodissky & Partners (Ukraine)
- Mikhailyuk Sorokolat & Partners
Despite some high-profile personnel departures, AEQUO remains a potent force on the Ukrainian patent market. Newly co-headed by Nataliya Dryuk, it tackles the full range of contentious and non-contentious patent work, from Supreme Court litigation to the development and implementation of prosecution and filing strategies and the negotiation of IP-related deals and joint ventures. The team of eight patent attorneys and lawyers executes flawlessly across the industry spectrum, and prides itself on its international standards of client care. Dryuk combines knowledge of chemistry and biology to assist pharmaceutical clients around the globe in resolving all patent snags that they encounter. Under her watch, the firm has recently been dispensing clearance advice to Dutch pharmaceutical company Synthon BV; conducting patent searches and appearing in a precedent-setting patent cancellation action on behalf of HIV patient association CO 100% Life; and representing chemical multinational DuPont in a major invalidity dispute.
Arzinger Law Office
The full-service Arzinger has made intellectual property a central pillar of its all-encompassing corporate practice. Its patent offering is equally comprehensive, with portfolio management, litigation and contract negotiation all within its wheelhouse; and it has impressive geographical reach, thanks to a network of contacts throughout the Commonwealth of Independent States (CIS) region. Its clientele – which includes major biotechnology and pharmaceutical players, as well as a range of manufacturing companies – appreciates its smart utilisation of innovative software products for the monitoring and assessment of IP portfolios, data and other documents. The co-captains of the practice are Kateryna Oliinyk and Taras Kyslyy. Dual-qualified patent attorney and attorney at law Oliinyk has been busy advising energy start-up SolarGaps on its patent strategy in Ukraine, the European Union and the United States. Meanwhile, Kyslyy is a formidable ally in patent disputes of all flavours – he recently fought the corner of Teva Pharmaceuticals and Defense Technologies LLC in commercially crucial battles – while also assisting with projects in the media and telecommunications fields.
Baker McKenzie is a titan of the IP scene, with the Kyiv office a vital cog in its slick global machine. A glittering clientele comprising both domestic companies and players from Europe and further afield receive an A-to-Z patent service from a crack team led by IP head Ruslan Drobyazko. Drobyazko is a master of patent prosecution, enforcement and IP-rich transactions, who has published widely on IP legislation and practice. Joining him in the IAM Patent 1000 this year is Oleksiy Stolyarenko, who brings the heat in patent invalidation and infringement disputes involving everything from pharmaceuticals to consumer goods, and also has a flair for the fine print of technology transfer agreements.
Doubinsky & Osharova
Founded around the same time as Ukraine’s post-Soviet IP system was established, Doubinsky & Osharova is one of the most venerable boutiques in the country. Effortlessly dispatching everything from basic filings and prosecution to complex litigation, “it tackles a lot of work, is very visible in the market and is rightly placed at the top of the rankings”. On the contentious front, it recently acted for AbbVie in a major infringement dispute relating to HIV treatments; defended multinational liquid packaging leader Guala Closures in an invalidity suit; and guided a well-known global healthcare company through a series of pre-litigation measures. Giving the firm its name are distinguished figures Michael Doubinsky and Irina Osharova. Managing partner Doubinsky has a PhD in law and has been a fixture on the IP scene for more than quarter of a century; while Osharova was among the first 10 experts to be certified as a Ukrainian patent attorney almost 30 years ago. Robust support comes from legal department head Victoria Sopilnyak, a pharmaceutical and life sciences maven who played a key role in the AbbVie litigation; and patent and trademark department Tatiana Shpakovich, who devises futureproofed IP strategies and helps get transformative transactions over the line.v
By a long stretch the pre-eminent prosecution shop across the border in Russia, Gorodissky & Partners also has a supremely capable contingent stationed in Kiev. Since it was established 20 years ago, the Ukrainian branch has registered more than 6,500 patents and utility models, with its meticulous drafting and sage portfolio management advice delighting its discerning clientele. “Based on many years of cooperation, we can say that Gorodissky & Partners is a reliable business partner,” reports one satisfied patron. “Its work is always clear and timely, and all advice is always carefully considered. The professionalism of its patent attorneys and other specialists ensures that its service is at a high level.” At the helm is chemist Maksym Bocharov, who is intimately familiar with process and procedure across Ukraine, the CIS region and the whole of Europe. A regular advocate before Ukrpatent, he stands out for his “high professionalism, experience and efficiency of work”.
Established 13 years ago, IPStyle matches a wealth of experience on both sides of the contentious/non-contentious divide with a fresh, dynamic outlook that resonates with innovators of all stripes: new converts to the cause include The Climate Corporation and Australian Nuclear Science Organisation. Managing partner and founder Mariya Ortynska attracts glowing feedback: “Mariya is approachable and results oriented, and dives into projects as deeply as she possibly can. She has also assembled a team of responsive, client-focused IP specialists.” They include Iryna Ortynska, who holds academic qualifications in both intellectual property and physics. She receives similarly high praise from her electronics, software and telecommunications clients: “Iryna constantly keeps in contact, asking technical questions and providing proficient recommendations on the patenting process. She is thorough and cares about her work.”
Following his well-publicised 2020 departure from AEQUO, dual-qualified patent attorney and attorney at law Oleksandr Mamunya set up eponymous firm Mamunya IP, which has been making a real splash on the Ukrainian market. With most of Mamunya’s existing clients moving with him and new instructions also flooding in, the firm already boasts an impressively diverse roster, featuring everything from major agrichemical players to energy companies and pharmaceutical multinationals. On the latter point, one recent beneficiary of its cradle-to-grave patent service is The Climate Corporation, which has enlisted its representation in more than 30 patent prosecution actions. All-rounder Ganna Prokhorova ably handles suits across the IP spectrum, both in and out of court, while also assisting with portfolio management and getting all manner of technology transfer agreements inked.
Mikhailyuk Sorokolat & Partners
Competitors hold Mikhailyuk, Sorokolat & Partners in the highest regard: “The firm files in large numbers at both a national and international level, and maintains a good presence both locally and across the Russian-speaking region.” Its 200-plus IP professionals – stationed throughout Ukraine, Russia, Belarus, Georgia, Kazakhstan, Moldova and Uzbekistan – work hand in glove to ensure that clients’ crown-jewel assets enjoy impregnable protection whatever the relevant territory. The group was founded in 1992, at the dawn of the national IP system, by Valentin Mikhailyuk – the first Ukrainian patent and trademark attorney to be registered in the country, who remains CEO to this day. A trailblazer who has helped to shape the Ukrainian IP regime, he handles filings, infringement and licensing briefs with equal dexterity. Heading up the patent department is fellow engineer Vadim Mikhailyuk, who has called the firm his home for more than 25 years; he provides commercially attuned assistance with patent prosecution and IP and unfair competition litigation across the CIS region.
Pakharenko & Partners
Pakharenko & Partners ranks among the crème de la crème of the national patent scene and shines particularly brightly in prosecution – although its wraparound service extends to all aspects of the patent lifecycle, including wider corporate and regulatory matters. Its clientele largely hails from the life sciences: some of the world’s leading pharmaceutical companies seek out its support and plant varieties have become something of a forte. Leading the charge is law PhD Antonina Pakharenko-Anderson, who manages filing programmes with a steady hand and puts in polished performances in the courtroom. She is joined by enforcement ace Alexander Pakharenko, a worthy advocate in both administrative and judicial proceedings and a scourge of infringers.
With 120 dedicated practitioners working out of 16 offices across Eastern Europe, PETOŠEVIĆ is a regional powerhouse and its Ukrainian outpost is key to its continued success. It provides the full suite of patent services to a technically and geographically varied client base, which benefits not only from its own extensive presence, but also from a carefully cultivated network of affiliated contacts worldwide. Heading the Ukraine office and acting as manager for the entire Russian-speaking region is Dina Petošević, who provides value-additive assistance with patent prosecution and enforcement. Recent highlights include portfolio management for major players in the construction, pharmaceutical and tobacco sectors. Patent attorney Taras Manolov joined the firm in 2020, following a stint at Gorodissky & Partners as a patent expert. He has a stellar academic record in the field of biology – including time spent as a researcher at the Max Planck Institute in Berlin and at Lund University in Sweden – which he draws upon judiciously to meet the prosecution needs of a range of pharmaceutical and biotechnology companies.
Other recommended expertsDaniel Benatov of Dr Emil Benatov & Partners is a chemical engineer with sparkling credentials: he holds a PhD in hydroelectric power plant security and has spent time as a senior lecturer at the Kiev Polytechnic Institute. A polyglot with fluency in Ukrainian, Russian, Bulgarian, English and Polish, he has provided precision prosecution services for over 15 years. At LEX INTELS, Natalya Lemeshchuk is a prolific patent filer, a poised performer in oppositions and appeals, and a tenacious advocate in litigation; she earns plaudits as “an empathetic and service-oriented professional who approaches issues creatively, considering each client’s individual needs”. The technical know-how of colleague Nataliia Gavrylenko is boundless: she has filed patent applications across myriad scientific disciplines throughout her 30-year career. Working “quickly, smoothly, constructively and productively”, she stands apart for her “commitment, independence and exceptional attention to detail”. Anton Polikarpov, IP head at the full-service Avellum, is a dual-qualified patent attorney and attorney at law with an insider’s perspective, thanks to prior roles in-house at Global Spirits and Roshen Confectionery Corporation. His thick address book of international contacts proves invaluable for global players such as US biotechnology company Tizona Therapeutics and Indian agrochemical leader Sulphur Mills. Based out of Asters, Julia Semeniy is an IP, data protection and anti-corruption specialist who is a familiar face at the country’s courts and Ukrpatent. Her contentious caseload is complemented by a thriving licensing and transactional practice.
- Michael I Doubinsky - Doubinsky & Osharova
- Oleksandr Mamunya - Mamunya IP
- Irina O Osharova - Doubinsky & Osharova
- Antonina Pakharenko-Anderson - Pakharenko & Partners
- Maksym Bocharov - Gorodissky & Partners Ukraine
- Ruslan V Drobyazko - Baker McKenzie
- Taras Kyslyy - Arzinger Law Office
- Valentin Mikhailyuk - Mikhailyuk Sorokolat & Partners
- Mariya Ortynska - IPStyle
- Alexander Pakharenko - Pakharenko & Partners
- Dina Petošević - PETOŠEVIĆ
- Anton Polikarpov - Avellum Partners
- Julia N Semeniy - Asters
- Daniel Benatov - Patent Bureau “Dr Emil Benatov & Partners”
- Nataliya Dryuk - AEQUO
- Nataliia Gavrylenko - LEX Intels
- Natalya Lemeschuk - LEX Intels
- Taras Manolov - PETOŠEVIĆ
- Vadim Mikhailyuk - Mikhailyuk Sorokolat & Partners
- Kateryna Oliinyk - Arzinger Law Office
- Iryna Ortynska - IPStyle
- Ganna Prokhorova - Mamunya IP
- Tatiana Shpakovich - Doubinsky & Osharova
- Victoria Sopilnyak - Doubinsky & Osharova
- Oleksiy Stolyarenko - Baker McKenzie