In a significant legislative shift, the Ukrainian Parliament has adopted a new law repealing the law adopted on 1 April 2022 that suspended intellectual property deadlines during the ongoing war. If signed by the President, the new law will enter into force 30 days after its publication and all previously suspended IP-related deadlines will resume.

The mentioned 2022 Law No. 2174-IX, which entered into force on 13 April 2022, suspended almost all procedural deadlines and extended the validity of IP rights for the duration of the martial law regime. The martial law is still in place in Ukraine and has recently been extended until 7 August 2025. The Law No. 2174–IX prescribed the 90-day grace period, following the day on which the martial law regime is lifted, for the IP rights holders to take all the necessary action and pay overdue fees.

Under the recently adopted new law, the time period that passed before the suspension will count toward the total time period available for the settlement of fees, but the rights owners will still have a 75-day grace period, from the date the new law takes effect, to complete any action that was postponed under the previous law or to pay overdue fees, even if the deadline falls sooner than the expiration of the 75-day grace period.

Patent annuities that were due during the suspension period are to be deemed as timely settled if paid within 75 days from the day the new law takes effect, otherwise the IP rights will retroactively lapse as if they were never extended. Trademark renewal fees due during the suspension period will also be considered timely settled if paid within the 75-day statutory grace period. Timely renewals will extend a trademark validity for a further 10 year period.

In anticipation of the new law, which is likely to be signed and published soon, it is advisable to:

• Review your portfolio to identify all missed deadlines and overdue payments to consider;
• Prepare to proceed with postponed filings (oppositions, appeals, etc.) and with paying the respective fees;
• Once the new law enters into force, ensure all due payments are timely made and any relevant actions are taken within the 75-day grace period.

We are actively monitoring the status of the new legislation and will be providing the updates promptly.