Intellectual property in Ukraine: survival and hope in a difficult environment

Ukraine faced significant challenges due to the Russian invasion, yet the Ukrainian Patent Office remained operational throughout the war, even with business slowdowns, power outages, and airstrikes. Amazingly, the protection, registration, maintenance, and enforcement of IP rights continued almost normally.

Since 2018, Ukraine has carried out comprehensive legal reforms that have affected many IP laws and regulations. For example, the opposition and cancellation procedures for registrations and the registration of well-known trademarks have been simplified in terms of procedures. The work of the Appeal Board continues to receive appeals and oppositions, despite constant changes and business interruptions. In addition, IP applications in Ukraine are on the rise, especially foreign applicants are becoming more and more active.

The Russo-Ukrainian war brought new legislation on IP rights in Ukraine, including restrictions on IP rights sought by Russians, as well as martial law. Under martial law, all unfinished deadlines related to IP are reinstated within 90 days after the end of the state of emergency. Martial law applies to all deadlines set by the Patent Office, such as deadlines for responding to office opinions, deadlines for appeals and oppositions, and deadlines for trademark renewals. In addition, formal requirements have been simplified - the Ukrainian Patent Office now operates fully electronically, does not require original documents, and does not issue paper certificates.

However, martial law also creates uncertainty about the validity of rights, as official examination decisions will not become final during the period of martial law, and patent applicants or right holders may file a request for restoration of rights for missed deadlines. The Ukrainian Intellectual Property Office has realized the risks posed by the law and is reviewing this provision. Although it is possible not to comply with official deadlines, the operation of the intellectual property system should comply with the prescribed deadlines as much as possible.

The Russian-Ukrainian war has led to a shortage of staff at the Ukrainian Patent Office, especially skilled examiners. This complicates the examination process of patent applications and delays processing time. Trial decisions or rulings in court proceedings are also always postponed. Even more worrying is the increase in the number of counterfeit products and illegally manufactured products in Ukraine. Police searches have found more and more illegally manufactured materials and products. But customs authorities and police are also actively combating counterfeit products.

Despite the many difficulties Ukraine faces, it is still working hard to maintain and defend the importance of intellectual property rights to ensure business, economy and innovation. Since the Russo-Ukrainian war, the number of applications for intellectual property rights in Ukraine has been on the rise, especially foreign applicants are becoming more active. This has revitalized local business activities and, most importantly, given Ukrainians hope for a better future, and also reflects the commitment of the Ukrainian Intellectual Property Office to protect and defend intellectual property rights.

(Reprinted from WIPR: https://www.worldipreview.com/inta-2024/ip-rights-in-ukraine-survival-i…)