UKRAINE Trends and Developments Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
contributed to more efficient processing within the national IP system. Suspension of IP-Related Deadlines Lifted On 16 April 2025, Ukraine adopted Law No 4362 which cancels the suspension of IP-related deadlines introduced during martial law. All standard deadlines for patent, trade mark and other IP-related actions are fully reinstated. The law entered into force on 31 May 2025. The mentioned Law provides for: • the repeal of Law No 2174 (the so-called “Law on Deadlines”); • the reinstatement of standard time limits for actions related to the protection of IP rights, the proce - dures for acquiring such rights, and the payment of the relevant fees; and • the introduction of a transitional period – after Law No 4362 enters into force, time limits resume tak - ing into account the period elapsed before their suspension, but for no less than 75 days (after that, late actions will incur surcharges or risk loss of rights). Harmonisation With EU Law One of the key priorities for the IP sector remains European integration. Ukraine has made notable pro - gress in modernising its IP legislation to align with EU standards as follows. Copyright and related rights Draft laws have been prepared to bring Ukrainian copyright and related rights closer to EU norms. Key initiatives include digitalisation of copyright registra - tion, integration with national e-government platforms ( Diia ), and improvements in collective management organisation (CMO) accreditation. They also introduce regulation of press publications as objects of related rights, extending the term of protection for perfor - mances and phonograms in cases of lawful disclo - sure, and refining the regime for the permitted use of orphan works and other protected subject matter. Under martial law, CMO accreditation remains sus - pended, affecting the collection and distribution of royalties. Therefore, the reform package also envis -
ages the restoration of CMO accreditation, updated approaches to tariff-setting, improved contractual practices with rights-holders, and streamlined admin - istrative procedures. Digital rights Separate provisions in the Civil Code, along with proposed copyright amendments, aim to recognise and protect digital rights, including image and voice rights. These measures address challenges arising from emerging technologies such as deepfakes. Trade marks A draft Law on Trade Mark Protection introduces European-style reforms, including a division between absolute and relative grounds for refusal, updated examination procedures (absolute grounds assessed ex officio by the IP Office, relative grounds applied upon opposition or invalidation requests), post-grant opposition processes, and administrative invalidation Draft legislation has been prepared to implement Directive 2016/943/EU on the protection of undis - closed know-how and business information. The pro - posal introduces an updated and harmonised defini - tion of a trade secret, clarifies what constitutes lawful and unlawful acquisition, use and disclosure, and sets out comprehensive measures and procedures to safeguard confidential information. It also provides for strengthened protection against misappropriation and unfair competition, including mechanisms to preserve confidentiality during court proceedings. This reform is expected to significantly enhance the effective - ness and predictability of trade secret enforcement in Ukraine. IP enforcement and procedural reform In May 2025, Ukraine adopted legislation restoring pre-war procedural timelines for IP actions, includ - ing filing, fee payment, office communications, and renewals. This aligns national procedures with EU expectations and reduces administrative delays. Following expert consultations, the proposals for the aforementioned draft laws were revised and submit- ted to the European Commission, which generally mechanisms. Trade secrets
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