Protection of Owners of Intellectual Property during martial Law

On April 13, 2022, the Law of Ukraine "On Protection of Interests of Persons in the Sphere of Intellectual Property during Martial Law Imposed in connection with the Armed Aggression of the Russian Federation against Ukraine" entered into force.

The need for this Law is due to the mega importance of applying legal mechanisms to protect the interests of owners in the field of intellectual property during martial law.

The provisions of the Law stipulate that from the date of imposition of martial law in Ukraine, namely from February 24, 2022, the deadlines for actions related to the protection of intellectual property rights and the acquisition of these rights under the provisions of the laws of Ukraine on "Protection rights to industrial designs "," On protection of rights to marks for goods and services "," On protection of rights to the arrangement of semiconductor products "," On protection of rights to inventions and utility models "," On legal protection of geographical indications "," On copyright law and related rights "," On protection of plant variety rights ". The expiration of these terms is postponed to the next day from the date of termination or abolition of martial law, taking into account the time elapsed before the date of their suspension.

Provisions of the Law that should be noted:

• an action to extend or maintain the intellectual property rights to an intellectual property object is considered committed in a timely manner if it is committed no later than 90 days from the day following the day of termination or termination of martial law;
• property rights of intellectual property, the validity of which expires on the day of imposition of martial law in Ukraine or during martial law, remain valid until the day following the day of termination or abolition of martial law;
• Suspension rules do not entail the suspension of certificates, patents certifying the emergence of intellectual property rights, as well as relevant intellectual property rights, which continue to operate and are exercised by the subjects of intellectual property rights in full.

Intellectual property rights owners, individuals and legal entities, may submit documents (applications, petitions, objections, answers, etc.) no later than 90 days from the day following the day of termination or abolition of martial law, without paying fees for renewal or extension.

The terms of actions for the protection of intellectual property rights, as well as the terms of the procedures for acquiring these rights are determined not only by the above laws of Ukraine, but also by international agreements and treaties recognized by Ukraine. This means that the priority of legislative norms should be noted, namely, if an international treaty of Ukraine, which has entered into force in the prescribed manner, establishes rules other than those provided for in the relevant legislation of Ukraine, the rules of the international treaty apply. Article 9 of the Constitution of Ukraine and part 2 of Article 19 of the Law of Ukraine "On International Treaties of Ukraine".

Therefore, when deciding on the timing of the commission of certain actions related to the protection or acquisition of intellectual property rights, should be guided by considerations of what kind of regulations set these deadlines.