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Law of Ukraine on the Protection of Interests of Persons in the Sphere of Intellectual Property during the Martial Law in connection with the Military Aggression of the Russian Federation against Ukraine – CEASED TO BE IN FORCE
Written by: Olena Yakobchuk

We have an urgent update today, as Ukrainian legislation has changed.

All benefits previously granted by the state to Ukrainians ceased to be in effect as of the 31st. Now, everyone involved in intellectual games or protecting their intellectual property rights must conduct an audit, choose which assets they will continue working with, and pay all outstanding fees.

You may have been unknowingly using these benefits. So here are the details—and advice on how to save money, because the fees have increased significantly.

As of April 31, the Law of Ukraine “On the Protection of the Interests of Persons in the Field of Intellectual Property During Martial Law Imposed Due to the Armed Aggression of the Russian Federation Against Ukraine” has expired.

What this law allowed:

  • The ability to ignore examination notices and requests without penalties, and without the risk of application or patent cancellation.

  • The ability not to pay fees and duties, while patents and certificates remained in force.

Why is this important?

Because the war continues. Life is difficult for all Ukrainians. Not all businesses are thriving, and not everyone receives correspondence—putting it mildly.

The government took care of this by granting benefits. Over these three years, many applications remained in limbo in office workflows (which actually benefited applicants, especially those whose applications were likely to be rejected). Many patents and certificates remained valid without payment—also a plus for owners.

‼️However, control over this mass of applications and patents has weakened, and not everyone remembers what they own and in what state it is. That’s why audits are now being conducted.

✏️Another reason for audits is the increased fees.
✏️And there’s also a deadline: 75 days to pay all fees and resume all actions. That gives us a tentative deadline of the end of June. The Patent Office is preparing clarifications, but the core message is crystal clear: conduct an audit and renew all your intellectual property cases.


Regarding audits:

You can reach out to us—we will help you identify all your active and inactive intellectual property assets. You’ll receive your own database with all relevant deadlines and actions. We’ll restore everything that can be restored and provide advice where needed.

‼️But here’s another issue: fees for maintaining trademark (TM) validity have become very high. Previously, even small entrepreneurs (FOPs) could afford to register a TM. Now is the time to renew them.

But they are facing substantial fees. Even medium-sized businesses are sitting down for audits and evaluating which trademarks they really need.

Why this is happening in numbers—and a tip from me:

The base fee for filing a TM application starts at 4,000 UAH, and renewal is three times that. And that’s just the minimum—fees increase depending on several factors: goods, applicants, color use, etc.

The average cost of maintaining a TM is about 20,000 UAH, which is equivalent to a monthly salary for a mid-level employee. That’s why many start questioning whether they really need certain TMs.

🍇🔔Let me warn you—as someone with over 30 years of practice, I’ve seen many rises and falls in business. Intellectual property is a relatively inexpensive but hidden personal asset. It’s a form of business control and protection.

Many influential people in the world are open or hidden owners of IP. You just have to know how—and I do. So don’t be too quick to give up such valuable assets as the intellectual property you own.


🟢Tip – not a lifehack, but a survival tool:

If you’re in a desperate situation and need to let go of your TM and avoid renewal fees, international law gives you an option: file a new TM application. This doesn’t have to be done immediately—you have a 3-year grace period.

If competitors file identical applications during that period, they should be rejected, and you should receive a form of restored rights.

Why do I say this is only for desperate cases?

Because we don’t know how Ukrainian examination will work. Will the experts follow Ukrainian and international law? No one knows the internal dynamics.

I used to be the chief expert at Ukrpatent. We always prioritized protecting Ukrainian business interests. But today, things are not as cooperative.

So, I only recommend filing an identical TM application in a truly critical situation, to preserve your rights and save money.

Link to the Law:

https://zakon.rada.gov.ua/laws/show/4362-20#Text

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