On 14 May 2025, Ukraine adopted a law “On Amending the Final and Transitional Provisions of Ukrainian Civil Code Regarding the Renewal of the Limitation Period” repealing the wartime suspension of the statute of limitations. The law will enter into force on 4 September 2025, when the time limits for various legal actions will begin counting down again.

While statutes of limitations are strictly enforced, they have been tolling for more than five years in Ukraine as follows:

• 2 April 2020 – 30 June 2023, during the COVID-19 pandemic, based on the Civil Code’s Final and Transitional Provisions §12;

• 17 March 2022 – 29 January 2024, during martial law, based on the Civil Code’s Final and Transitional Provisions §19; and

• 30 January 2024 – 3 September 2025, during martial law, based on the Civil Code’s Final and Transitional Provisions §19 (as amended).

On 30 June 2023, the COVID-related quarantine was lifted, and on 4 September 2025, the last tolling provision imposed because of the ongoing war in Ukraine will be lifted as well.

Starting Date

Ukrainian Civil Code sets a three-year limitation period for filing claims related to IP infringement and cancellation actions. This three-year period generally begins when the rights holder became or should have become aware of the infringement. However, even if the statute of limitations has expired, a claim can still be considered if the plaintiff can demonstrate valid reasons for the delay.

In infringement cases where the adverse party has no registered conflicting IP rights, the statute of limitations typically begins running from the date the infringement is discovered.

The starting date of the limitation period may become questionable when the adverse party has conflicting registered rights and when a cancellation claim is involved. This uncertainty is caused by the public nature of an IP rights registration, which may suggest that the statute of limitations should actually run from the date of registration.

The Supreme Court however clarified that the limitation period starting date cannot automatically coincide with the publication date of information on the IP rights registration, but that it rather relates to the beginning of a relevant act, for example, the beginning of the use of the conflicting IP assets on the market by the defendant (Supreme Court decision, Case No. 910/13119/17, 28 May 2020). This position was recently reinforced and elaborated by the Supreme Court with a test designated to determine the starting date (Supreme Court decision, Case No. 910/16586/18, 24 April 2025).

To prove the starting date, the interested party must show:

• The objective aspect - which right was violated to define the limitation term;

• The subjective aspect - the date when the injured party discovers or reasonably should have discovered the violation, and the moment when the party earned the right to enforce their IP right in court (if they differ).

• No reasonable opportunity to discover the violation earlier.

Ukrainian courts have generally shown flexibility toward foreign plaintiffs, acknowledging that limited access to local trade mark records may delay awareness about the infringement. Even back in 2013, the Ukrainian courts established that constructive notice stemming from an IP asset registration does not apply to foreign plaintiffs (High Commercial Court, Case No. 39/240, 18 December 2013). For example, a foreign plaintiff became aware of the defendant’s conflicting December 2016 trade mark registration only after the plaintiff discovered the infringement in January 2020, and was able to sue immediately. The defendant never used the conflicting trade mark before, and the only way for the foreign plaintiff to become aware of this registration was through the official bulletin. Here, the plaintiff clearly had no reasonable opportunity to discover the infringement earlier, and therefore, the starting date of a three-year term would be January 2020.

Term Calculation

If the infringement occurred during the tolling period (2 April 2020 - 3 September 2025), the full three-year term will apply starting on 4 September 2025.

If the infringement occurred before 2 April 2020, the remainder of the original three-year term will apply, minus the time period that passed between the starting date and 2 April 2020.

As the new law enters into force soon and missing the deadline can mean losing the right to pursue legal action, it is advisable to review your pending cases in Ukraine and consult your local legal counsel when assessing court prospects, as you may still be able to take legal action on older claims, even those dating back to 2017.

IP-Related Prosecution Deadlines

As a reminder, on 31 May 2025, Ukraine resumed the previously suspended IP-related prosecution deadlines. This was due to the publication and entry into force of a new law adopted on 1 April 2025, which repealed the wartime IP rules enacted in 2022 which had suspended various deadlines and extended IP rights during the martial law period.