UKRAINE Trends and Developments Contributed by: Oleksandr Mamunya and Nataliia Badora, Mamunya IP
(a 29.2% increase), and foreign registrations, though smaller in absolute numbers, have shown remarkable growth (57 patents, a 128% increase). A particularly noteworthy development has emerged in response to current circumstances, with Ukrainian inventors focusing on develop- ing and protecting innovations related to military technology. Despite workforce challenges and wartime conditions, domestic applicant activity has shown impressive growth, with total applica- tions for inventions and utility models increasing by 6.4% to 3,373. Legal entities have been par- ticularly active in this space, particularly in utility models, submitting 1,794 applications. The patent registration landscape during this period presents an interesting dichotomy. While registrations of inventions show varying trends between domestic and foreign applicants, with foreign registrations increasing by 7.8% and domestic registrations decreasing by 16.7%, the overall pattern maintains the multi-year trend of foreign applicant dominance in patent regis- trations. This continued international interest in Ukrainian intellectual property protection sug- gests enduring faith in the country’s IP system despite challenging circumstances. Ukrainian businesses have maintained their active engagement in IP protection despite the complex operating environment. The robust statistics from the first nine months of 2024 demonstrate that domestic legal entities rec- ognise the strategic importance of protecting their intellectual property rights, even in testing times. The focus on military technology innova- tion could potentially become a significant driver of economic development in the long term, as advanced military technologies typically gener-
ate substantial interest from developed nations worldwide. Regulation of IP Rights Terms During Martial Law The full-scale invasion in 2022 created signifi- cant risks for intellectual property rights hold- ers in Ukraine, particularly around the potential loss of rights due to inability to meet statutory deadlines. In response to these challenges, on 13 April 2022, Ukraine enacted the Law “On Pro- tection 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” (hereinafter the “Terms Law”). This legislation represented Parliament’s proactive response to safeguard intellectual property rights during wartime con- ditions. The Terms Law established several crucial pro- tective mechanisms. First, it aimed to prevent the loss of intellectual property rights during the period of martial law, acknowledging that the constitutional rights and freedoms of individu- als, as well as the rights and legitimate interests of legal entities, might be temporarily restricted. Second, it suspended the running of terms relat- ed to intellectual property rights protection and registration procedures as defined by Ukraine’s specialised intellectual property legislation and subsidiary regulations. Third, it provided rights holders with a 90-day grace period following the termination of martial law to submit required documentation, including applications, peti- tions, objections, and responses, without incur- ring extension fees. However, the Terms Law has also created a sig- nificant legal ambiguity that remains unresolved, particularly concerning the duration of intellectu- al property rights. The legislation stipulates that
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