IP rights in Ukraine: survival in difficult circumstances and sparks of hope

Due to the Russian invasion, Ukraine is facing significant challenges; however, IP rights have remained intact amidst these difficulties. As the country undergoes reconstruction, IP rights play a crucial role in this essential endeavour, writes Riikka Palmos of Papula-Nevinpat.

Despite exceptional circumstances, business slowdowns, power cuts, and air attacks, the Ukrainian Patent Office has remained operational throughout the war. 

Surprisingly, the protection, registration, maintenance, and enforcement of IP rights continue almost normally. This underscores the importance of safeguarding IP rights even in challenging times.

Legal reform shapes practices

Since 2018, Ukraine has undergone a comprehensive legal reform affecting many IP laws and regulations. The reforms have simplified procedures such as the opposition process and the annulment process for registrations, the registration of well-known trademarks and the functioning of the Patent Office itself. While all the reforms have been embraced enthusiastically, the IP system has had some challenges in adapting to the new regulations.

The organisation and tasks of the Board of Appeals are currently undergoing reform. Despite ongoing changes and operational disruptions, the Board of Appeals continues to receive appeals and oppositions, but their processing has been delayed due to the reorganisation. This naturally leads to extended processing times, and delays are expected to persist. Many have questioned the completion of the legal reform during wartime, but on the other hand, practical day-to-day issues help people survive in difficult times.

"Applications for IP rights are fortunately on the rise, and foreign applicants, in particular, are becoming more active."

New legislation regarding IP rights

The Russian invasion has also brought new legislation regarding IP rights in Ukraine, including restrictions on Russians seeking and owning IP rights, as well as martial law. According to the martial law, all IP-related missed deadlines can be restored within 90 days after the end of the state of emergency. This applies to all deadlines set by the Patent Office, such as office action response deadlines, appeal and opposition deadlines, and renewal dates. 

Additionally, the formal requirements have been eased—the Patent Office now operates entirely electronically, original documents are not required, and original certificates are not issued.

The martial law has caused uncertainty about the validity of rights, as decisions by authorities do not become final during the existence of martial law due to the possibility of restoring the missed terms. The authorities are aware of the challenges posed by the law, and its provisions are under review. 

Despite the possibility of not adhering to official deadlines, it is advisable for the functioning of the IP system to comply with the set deadlines whenever possible.

Challenges in human resources, practical delays

The state of war has led to a shortage of personnel at the Patent Office, especially a lack of skilled examiners. This has complicated the smooth functioning of the IP processes and delayed processing times. The courts handle lawsuits, but decision-making is practically almost always postponed. Connecting with local Ukrainian parties and involving them in the processes has been particularly challenging.

Unfortunately, the state of war has also brought undesirable side effects. The most unpleasant phenomenon is the increase in the number of counterfeit products and the growth of illegal product manufacturing. Police raids have uncovered more and more illegally manufactured materials and products. Fortunately, customs authorities and the police are active in the fight against counterfeits.

Crucial role of IP rights

Despite the challenging current situation, protecting and defending IP rights is vital for securing business, the economy, and innovations. It helps companies maintain a competitive advantage and protect their valuable assets even in difficult times. 

Protecting IP rights is also crucial for the reconstruction of the country. Applications for IP rights are fortunately on the rise, and foreign applicants, in particular, are becoming more active. This revives local business activities and, above all, gives Ukrainians hope for a better future.

Recommendations for IP rights holders:

• Despite challenging circumstances, do not be discouraged. The system is functioning, and the martial law can always be invoked.
• Continue to protect and defend your rights but be aware of delays in the processes.
• Seek the assistance of the police and other authorities in defending your rights—the challenging conditions do not justify rights infringement.
• By registering IP rights, we contribute to supporting the reconstruction of Ukraine.

Currently, the Ukrainian IPR system is struggling, but its survival story reflects a commitment to protecting and defending IP rights even in the toughest times.

Riikka Palmos is a European trademark attorney at Papula-Nevinpat. She can be contacted at: riikka.palmos@papula-nevinpat.com