Ukraine - Abolition of the possibility for the unlimited reinstatement of IP rights during the period of martial law in Ukraine

With the beginning of the war in Ukraine, the Parliament of Ukraine had introduced in 2022 temporary legal mechanisms in order to support individuals in the field of intellectual property in the context of the war. In particular, Law No. 2174-IX has been adopted which constitutes a de facto suspension of all terms, deadlines and time limits related to IP rights before the Ukrainian Patent Office and other state authorities, since any such terms and deadlines can be restored at any time without payment of official fees merely by referring to said Law No. 2174-IX, as long as the martial law is in force and even 90 days after its termination.

Since the war is now lasting for more than 3 years, however, the President of Ukraine has signed on April 29, 2025 the Law No. 4362-IX “On the Repeal of the Law of Ukraine ‘On the Protection of Intellectual Property Interests during Martial Law Imposed in Connection with the Armed Aggression of the Russian Federation against Ukraine’.” In practice, this new law abolishes the possible suspension of deadlines in the field of IP protection, including the deadlines for the renewal and annuity payments, and for filing oppositions to applications and patents, etc..  According to the new Law No. 4362-IX, the above-mentioned temporary legal mechanisms that were introduced in 2022 will expire on May 31, 2025.

The Law also provides a transitional period of 75 days, i.e. until August 14, 2025, within which those time limits and deadlines, were suspended in accordance with the above-mentioned Law No. 2174-IX of 2022, can be reinstated. 

Also, any official fees which have become due since the beginning of the war, but were not yet paid in view of the above-mentioned suspension of the due dates for such payment, may still be paid within said 75 days transition period. That means, annual fees and other payments that have not been paid since 2022 will be deemed paid on time if settled before August 14, 2025. This applies to legally mandated fees relating to the protection of rights to trademarks, inventions, utility models, industrial designs, semiconductor layouts, geographical indications and plant varieties. Failure to pay any of these fees within 75 days, i.e. prior to August 14, 2025, may lead to the retroactive termination of the corresponding IP rights.

The 75-day window will be critical for maintaining IP rights in Ukraine, and we therefore recommend that IP right holders take immediate action on this matter, in particular:

1) to review their Ukrainian IP portfolio(s),

2) to identify pending matters, the prosecution of which has been suspended in connection with the suspended deadlines under the effect of Martial law in Ukraine,

3) to complete any such pending matters before the due date of August 14, 2025, and

4)  to pay all outstanding official fees promptly before said deadline, which includes any annuity and renewal fees that were not paid (i.e. the payment of which was postponed / delayed / suspended etc.) during the last years in Ukraine.

Should you require further input from our end in connection with the above-mentioned  changes in Ukraine, please do not hesitate to contact us. If necessary, we could support you with comprehensive portfolio reviews, strategic planning and the timely processing of all required filings and office fee payments. 

Disclaimer: This Alert has been prepared and published for informational purposes only and does not constitute legal advice and should not be construed as such. For more information, please read the firm's full disclaimer