15 April 2022

Changes in IP wartime legislation

Since the war started, a lot of our clients have been concerned about the deadlines in the field of intellectual property, which were not fully settled.

However, on April 12, the Law of Ukraine on Intellectual Property during martial law was signed.

The changes were adopted in two important directions: deadlines and submission of documents.

📌 Deadlines

After the imposition of martial law in Ukraine, the deadlines related to the protection and acquisition of IP rights is suspended, in particular: 

  • deadlines as to the filing an objection against the application or international registration in Ukraine,
  • deadlines for appealing the decision of the National Intellectual Property Authority to the court or the Chamber of Appeal,
  • deadlines for filing an motion for invalidation of rights to an invention,
  • terms to renew the missed deadlines;
  • deadlines for renewal and maintenance of IP rights.

The statute of terms resumes from the next day after the martial law ended, taking into account the time elapsed before their suspending.

Exceptions: 

The deadlines are not suspended for the actions of National Intellectual Property Authority and the Ministry of Agrarian Policy related to the acquisition of plant variety rights.

⁉️ What does it means: 

For example, if you have not paid the fee for the renewal, with the deadline on 24.02 or later, it is considered that the period has not been missed, and the certificate is still valid. All necessary actions and payments can be made no later than 90 days from the day after the martial law ended.

📌 Submission of documents

Any documents (statements, motions, responses, objections, etc.) submitted by the current legislation may be submitted within 90 days from the date the martial law ended, without payment of a fee for extension or renewal of the relevant terms.

Please contact us by e-mail office@ipstyle.ua for more detailed information. 

The IPSTYLE team will be happy to answer your questions and help with any deadlines and documents.