Ukrainian parliament suspends terms and deadlines for protection of IP rights during martial law

Ukraine

On 1 April 2022, the Ukrainian parliament adopted the Law of Ukraine On Protection of Individuals’ Interests in the Sphere of Intellectual Property During the State of Martial Law.

The Law suspends all terms and deadlines related to the protection of IP rights as well as terms for acquisition of such rights (i.e. registration of inventions). The suspension will cover the rights and terms related to the following IP objects:

  • industrial designs;
  • trademarks;
  • layout designs of integrated circuits;
  • geographical indications;
  • inventions and utility models;
  • objects subject to copyright;
  • plants varieties.

The Law will not only suspend terms and deadlines established in the laws regulating protection of the indicated IP objects (i.e. registrations extensions, state fees payment, etc.), but also terms and deadlines set out in other legislation, such as deadlines for challenging decisions of the National IP Body of Ukraine.

According to the Law, all deadlines are extended up to 90 days from the date martial law is canceled and the terms will be renewed starting from the date following the end of martial law.

The suspension, however, does not cover terms and deadlines for the National IP Body of Ukraine and the Ministry of Agrarian Policy and Food of Ukraine to execute actions provided for in the legislation.

The Law is yet to be signed by the President and will come into force the day following the date of its publication.

For more information on protection of IP rights and work of the IP authorities during the state of martial law in Ukraine, contact your CMS client partner or CMS experts: Maria Orlyk and Diana Valyeyeva.