On the protection of the interests of persons in the field of intellectual property during martial law

On April 13, 2022, Law of Ukraine No. 2174-IX “On the Protection of the Interests of Individuals in the Field of Intellectual Property During the Martial Law Introduced in Connection with the Armed Aggression of the Russian Federation against Ukraine” entered into force. The law was adopted by the Verkhovna Rada of Ukraine for the purposes of ensuring proper legal mechanisms for the protection of individual rights to the result of intellectual, creative activity or to another object of intellectual property rights.

What key changes aimed at protecting IP rights during the period of martial law in Ukraine did the legislator foresee?

1. Certificates, patents certifying the emergence of intellectual property rights are valid, and intellectual property rights established by law continue to be valid and are fully exercised by their owners.
2. The passage of the vast majority of deadlines for taking actions related to the protection of intellectual property rights during the period of martial law has been suspended.

No later than 90 days from the day following the end of martial law, owners of intellectual property rights will have the right to extend the validity of certificates / maintain the validity of patents without paying additional fees for missed deadlines.

Intellectual property rights remain valid for the period of martial law, even if their validity expired on February 24, 2022 or during martial law in Ukraine.