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Amendments to Trademark Laws

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Apr 21, 2022 (Newsletter Issue 5/22)
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Operation of IP Office During State of War

Legal Basis during state of war
The Ukrainian Parliament passed the Law “On Protection of Interests of Intellectual Property in Martial Law” (Law No 7228). Under the new law, the time limits for the protection of intellectual property rights as well as the time limits for procedures for acquiring such rights are suspended.

According to the law, authorised persons may file documents within 90 days of the lifting of martial law without paying a fee for the extension or restoration of the relevant time deadlines. The law applies to all holders of IP rights before Ukrainian IP Office (Ukrpatent), including both Ukrainian and foreign holders of IP rights.

The martial law was declared in Ukraine on February 4, 2022, following the issue of Decree 64/2022, for a period of 30 days. On March 26, 2022, the Ukrainian Parliament voted to extend the martial law for a further 30 days. It is expected to be extended again before the end of April 2022.

Operation of IP Office
The Ukrainian IP Office (Ukrpatent) continues to accept new applications for trademarks, patents, and copyrights – both under national and international procedures - in electronic form only. In all procedures where paper copies are required, the IP Office accepts scan copies with the obligation of the applicant/representative to submit paper copies after the end of the state of war. The same rules apply to the registration of license and assignment agreements, filing of oppositions, etc.

The IP Office continues to conduct examination procedures and publish decisions on the registration of IP rights. For the time being, the new registration certificates are only available in electronic form. Paper copies will be printed and sent later.

The Board of Appeals of Ukrpatent has suspended operations as well as courts in regions, where active combats are, suspended all their activities.

For more information, please click here and here

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